Docket No: 6951-19 
Ref: Signature date 
 
 
Dear : 
This letter 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 that 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 10 February 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 6 August 1991.  On 7 August 1991, you were counseled that you were being retained despite your defective enlistment and induction due to fraudulent entry into the naval service as evidenced by your failure to disclose your pre-service involvement with civilian authorities for resisting arrest.  You were advised that further deficiencies in conduct or performance could result in administrative separation or judicial proceedings.  On 9 March 1992, you received nonjudicial punishment (NJP) for contempt and disrespect toward a petty officer, and awarded forfeitures of pay, and restriction.  You were again warned about the potential for administrative separation.  On 2 April 1992, you received a second NJP for three instances of disrespect and failure to obey lawful orders.  You were awarded restriction and counseled again about the potential for administrative separation.  On 23 December 1992, you received a third NJP for unauthorized absence and dereliction of duty, and awarded forfeitures of pay, restriction, extra duties, and reduction in rank to E-1.  On 24 December 1992, administrative action was initiated to separate you from the naval service due to your pattern of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer “strongly” recommended that you be discharged with an other than honorable (OTH) characterization of service.  The separation authority approved that recommendation.  On 13 January 1993, you were counseled that you were not recommended for reenlistment and were discharged with an OTH characterization of service. 

You request the Board upgrade your characterization of service to honorable.  You assert that between the time you were 12 and 18 years old it should have been the happiest time of your life, but your grandparents died, your mother’s leg was amputated, and your sister became pregnant.  You state that you were “filled with rage at the world” and you had no one to teach you how to cope.  You also state that you “lashed out” at the military and made many bad decisions.  You further state that you were under the impression that your discharge would change to honorable within six months of separation.  You state that, since your discharge, you have been employed, received a degree in electronics engineering, married, and raised five children.  In support of your petition, you attached a personal statement and character letters from a relative, a shipmate, your supervisor and a current co-worker. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and your contentions.  However, the Board concluded that these factors were insufficient to warrant a change to your discharge given your misconduct that resulted in three NJPs, all of which occurred after you had been warned about the potential for administrative separation.  The Board noted your post-service accomplishments; however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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.