Docket No: 7129-19 
Ref: Signature Date 


This is in reference to your application of 8 July 2019 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 7 April 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, 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 12 March 1984.  On 10 April 1986, you received non-judicial punishment (NJP) for unauthorized absence.  On 20 June 1986, you received a second NJP for larceny.  On 9 July 1986, an administrative action to separate you from the naval service was initiated for misconduct due to commission of a serious offense.  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 recommended that you receive an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Navy.  On 13 August 1986, you were so discharged. 

You request that the Board upgrade your discharge to honorable.  You assert you were told that six months after your discharge, your OTH would be changed to honorable.  The Board carefully weighed all potentially mitigating factors in your case, including your record of service, and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  The Board notes that 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.