Docket No: 6516-19 
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 2 September 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 25 September 1986.  During the period from 19 October 1986 to 14 March 1990, you received four non-judicial punishments (NJP) for entering a naval base in an unauthorized uniform, failure to obey a lawful order on four occasions, larceny, and absent from your appointed place of duty.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to a pattern of misconduct.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the CO’s recommendation and directed your OTH discharge by reason of misconduct due to a pattern of misconduct.  On 1 June 1990, you were so discharged. 
 
Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis.  Your conduct average was 2.6.  At the time of your service, a conduct average of 3.0 was required for a fully honorable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your post service accomplishments and your assertions that you only have yourself, your youth and poor decision making to blame, and that you were brushed aside without any offer of guidance or mentoring from anyone at your command.  The Board also considered your contentions that you were subject to more severe punishment for your actions compared to other sailors because you are African American. After careful consideration, the Board concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct, which resulted in three NJP’s, and failure to attain the required average in conduct.   
 
Regarding your contentions, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Your allegations, unsupported in the record or by submission of documentation or other evidence, failed to overcome that presumption.  Further, this Board is not an investigating agency nor does it have the resources to investigate unsubstantiated allegations.  Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 
 
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,