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

Docket No. 6576-19 
Ref: Signature Date 

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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2019.  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. 
  
A review of your record shows that you entered active duty with the Navy in December 1993.  Non-judicial punishment was imposed on you for unauthorized absence, orders violation, and drunk and disorderly conduct on 16 February 1996.  Non-judicial punishment was again imposed on you for unauthorized absence, destruction of government property, and drunk and disorderly conduct on 19 September 1996.  You subsequently entered another period of unauthorized absence on 4 November 1996 until you returned to military custody to be discharged for your pattern of misconduct on 22 July 1997 with an Other than Honorable characterization of service. 

The Board carefully considered your arguments that you deserve a disability discharge and upgrade to your characterization of service.  You assert that you suffered a head injury in 1994 that should have resulted in a disability discharge. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found no evidence of unfitness for continued naval service as a result of a head injury.  The Board examined performance evaluations ending in 1996 and found that you were performing at acceptable fleet standards with the exception of your misconduct.  The Board found no evidence that you were unable to perform the duties of your office, grade, rank or rating as a result of head injury.  Second, even if there was evidence of unfitness, the Board concluded that you were ineligible for disability processing due to your misconduct processing that resulted in your other than honorable characterization of service. Disability regulations direct misconduct processing to supersede disability processing. Third, the Board concluded your characterization of service remains appropriate based on the seriousness of your misconduct while on active duty.  You committed multiple offenses that qualified for a punitive discharge under the Uniform Code of Military Justice and ended your career with a long-term unauthorized absence of over eight months.  In the Board’s opinion, your misconduct constitutes a significant departure from the conduct expected of a Navy member.  In addition, when considered in light of your relatively brief period of active duty, the Board found insufficient mitigation to offset the seriousness of misconduct you committed.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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, 


12/26/2019