Docket No: 5797-19 
Ref: Signature date 


Dear  : 
 
This letter 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 with respect to your request to upgrade your characterization of service 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 22 July 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 service on 24 June 1991.  Between 14 April 1993 and 26 August 1993, you received nonjudicial punishment on three separate occasions for offenses including unauthorized absence as well as actions that were prejudicial to good order and discipline or could bring discredit upon the armed forces.  On 30 August 1993, you were provided notice of the initiation of administrative discharge procedures by reason of misconduct due to a pattern of misconduct.  You did not consult with counsel and waived your right to an administrative board.  On 30 September 1993, you were discharged with an other than honorable characterization of service.   
 
The Board carefully weighed your desire to upgrade your discharge and all potentially mitigating factors, including your contention that you feel that you should be entitled to some benefits based on your service and your continued service to others.  The Board concluded that your repeated misconduct outweighed your desire to upgrade your characterization of service and noted you did not provided evidence, and the record does not contain evidence to support your contention.  Lastly, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.   
  
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon 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,