Docket No: 6790-19
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 26 October 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 and began a period of active duty on 26 August 1982.  On 5 August 1985, you received nonjudicial punishment (NJP) for unauthorized absence.  Additionally, you were counseled and warned that further misconduct could result in administrative discharge action.  On 5 November and 12 December 1985, you received NJP for striking a female and tackling her to the ground, and failure to go to your appointed place of duty.  On  
16 December 1986, you were notified of administrative discharge action due to a pattern of misconduct.  Your record did not contain all of the information pertaining to your administrative separation.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Presumably, you waived your right to an administrative board.  On 17 December 1985, your case was forwarded to the separation authority with a recommendation that you received an other than honorable (OTH) discharge due to a pattern of misconduct.  On 2 January 1986, you received NJP for disrespect and failure to obey an order.  On 3 January 1986, the separation authority directed that you receive an OTH discharge due to a pattern of misconduct.  On 6 January 1986, you were discharged from the Navy with and OTH characterization of service.  
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also considered your assertions that you believe your record is unjust because you were told that by signing a waiver, your discharge would automatically be upgraded after one year, if you did not get into trouble.   
 
The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service, given your misconduct which resulted in four NJPs, one of which was after you were notified of administrative discharge action, and the fact that you were counseled and warned after your first NJP of the consequences of further misconduct.  Further, there is no provision of law or in Navy regulations that allows for characterization of service to be automatically upgraded after one year. 
 
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,