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

Docket No: 5873-19 
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 6 January 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 on 24 September 1996.  On 21 January 1998, you received nonjudicial punishment (NJP) for three specifications of failing to go to your appointed placed of duty, failure to obey a lawful order, and for making a false official statement.  In February 1998, you received NJP for four specifications of unauthorized absence (UA) by failing to go to restricted men’s muster.  On 8 April 1998, you received NJP for five specification of UA for failing to go to Division musters and for violating a lawful order by bringing alcoholic beverages onboard a naval vessel.  On 9 April 1998, you were notified of administrative separation proceedings against you; you subsequently waived your right to appear before an administrative separation board.  Commanding Officer (CO),  recommended you be separated with an other than honorable characterization of service on the basis of commission of a serious offense and a pattern of misconduct as evidenced by your three NJPs.  The CO stated that despite intensive counseling and many chances, you continued to engage in conduct which was inconsistent with the expectations of the Navy.  On 18 May 1998, you were discharged on the basis of a Pattern of Misconduct and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

In your petition to the Board, you ask for an upgrade to your characterization of service.  You state that you served honorably and are no longer the person you once were.  You also admit you had some lack of judgment during your time in the Navy and you take responsibility for your actions.  You note that you served a portion of your enlistment and were willing to put your life on the line. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including the fact that you take responsibility for your actions and your indication that you have changed since your time in the Navy.  The Board also considered the nature and frequency of your misconduct as evidenced by the three NJPs and noted your CO’s recommendation with regard to your discharge.  The Board found that even in consideration of your post-service actions, the frequency of your UAs could not be overcome and that your conduct in the Navy supported the issuance of an other than honorable characterization of service.  Accordingly, the Board found that your record does not reflect either an error or an injustice.
 
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 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,