DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 5741-19 
Ref: Signature Date 

Dear 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 9 March 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty service on 25 March 1986. You served without disciplinary incident for approximately eight months.  On 16 February 1987, you received a nonjudicial punishment (NJP) for wrongful use of THC.  On 14 April 1987, you received a second NJP for disrespectful language to a petty officer.  On 2 November 1987, you received a third NJP for violating Uniform Code of Military Justice, Article 92 (failure to obey a lawful written order to return to the ship at 2000 while being on Class I Liberty Risk Program), Article 95 (resisting apprehension), Article 128 (assault of military police by swinging at them with his fist), and Article 134 (drunk and disorderly conduct).  Commanding Officer, USS , subsequently recommended that you be administratively discharged.  On 8 January 1988, you were discharged from the Navy with an other than honorable discharge for misconduct due to a pattern of misconduct, and you received a reentry (RE) code of RE-4. 

You request an upgrade to your discharge from other than honorable to general.  You contend that the other than honorable discharge is unduly harsh; additionally, you state that you were young, immature and succumbed to peer pressure during your time in the Navy.  Your application states that you are currently homeless and have suffered for years with mental health problems.  You seek an upgrade in part to obtain the mental health treatment that you need. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were harshly punished with the other than honorable discharge.  The Board also took into account your youth at the time of your misconduct and your present struggles with homelessness and mental health issues.  The Board found, however, that the frequency of your misconduct as evidenced by three NJPs and the seriousness of the charges including assault of military police and wrongful use of a controlled substance could not be overcome by the information you provided.  The Board concluded that the other than honorable discharge was appropriately issued at the time of your discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken on your other than honorable characterization of service for your final period of enlistment.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely,