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

Docket No: 7207-19 
Ref: Signature Date 

Dear 
 
This is in reference to your application of 15 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 9 March 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 24 January 1990. On 14 July 1990, you were discharged with an honorable characterization of service after serving 90 days of active duty for training and joined the Ready Reserve.  On 31 January 1993, you were counseled that you were not recommended for advancement.  On 18 April 1993, you received non-judicial punishment (NJP) for disrespect toward a superior officer and failure to obey a lawful order.  You were awarded forfeiture of pay and reduction in rank, which was suspended for three months.  Subsequently, administrative discharge action was initiated due to unsatisfactory participation in the Ready Reserve.  On 17 July 1004, you were discharged with an under other than honorable (OTH) characterization of service. 

You request that the Board upgrade your Reserve discharge to honorable.  You assert it should be changed because you were honorably discharged from active duty.  At the time you were unemployed, married with a family, and had no money to get to drills.  You state you were young and just didn’t make the right choice about continuing with your obligation.  After you got a good job, your focus was on providingfor my family.” 

The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy.  The Board noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and in good faith. Further, 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. 

Sincerely,