DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0670-19 Date: Ref Signature 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 15 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, applicable statutes, and 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 issues 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 service on 18 February 1986. From the period beginning on 1 October 1986 to 26 January 1988 you received non-judicial punishment (NJP) on four occasions for the following offenses: disorderly conduct, unauthorized absence (UA), two occasions of failing to go to your appointed place of duty, two occasions of disobeying a petty officer, and wrongfully using a controlled substance-Tetrahydrocannabinol (THC). On 12 February 1988, you were notified of the initiation of administrative separation proceedings by reason of misconduct-commission of a serious offense, at which point, you waived counsel and your procedural rights. On 18 February 1988, you received NJP for UA and breaking restriction. On 1 March 1988, your discharge was approved. On 24 March 1988, you received NJP for two periods of UA, two occasions of failing to obey a lawful regulation, making a false official statement with intent to deceive, and misbehavior of a sentinel. On 9 April 1988, you were discharged with an other than honorable characterization (OTH) of service by reason of misconduct due to a pattern of misconduct. The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge, your contentions, and the supporting documents you submitted with your application. You contend that you were young and have been a model citizen since your discharge. The Board commends your post service conduct. The Board considered your youth and immaturity as factors in your behavior but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge. The Board in it review discerned no probable material error or injustice in your 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 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,