Docket No: 6155-19 
Ref: Signature Date 
 
MR   
 
 
Dear Mr. : 
 
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 for Correction of Naval Records, 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 13 August 1985.  During the period from 17 to 29 March 1989, you received two non-judicial punishments (NJP) for disorderly conduct and wrongful use and possession of marijuana.  During the period from 4 August to 9 October 1989,  you received two additional NJPs for two hours of unauthorized absence (UA), missing ship’s movement, disobeying a lawful order, disrespect toward a superior petty officer, wrongful use of provoking words, absence from appointed place of duty, failure to obey a lawful order, and assault.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After waving your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 8 December 1989, you were discharged.  
 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that it has been 15 years since your discharge and you lost your temper after a friend was lost over the side of the ship and the chief lied.  The Board also noted your contention that you need help seeing a military doctor and seek Department of Veterans Affairs (DVA) assistance in order to talk to someone.  In this regard, the Board concluded that seriousness of your misconduct outweighed your desire to upgrade your discharge.  
 
In regard to your contention that it has been 15 years since your discharge, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically after 15 years, due solely to the passage of time.  In regard to your contention that you lost your temper after a friend was lost over the side of the ship and the chief lied, the Board noted that there is no evidence in your record, and you submitted none, to support this contention.  The Board also noted that the record shows that you were notified of, and waived your right to, present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.  Regarding your contentions that you need DVA assistance in order to talk to someone, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA. 
 
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,