Docket No: 7358-19 
Ref: Signature date 
 

Dear  
 
This letter is in reference to your application for correction of your naval record, filed 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 with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, the 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 the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 26 August 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its 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 on 15 July 1986.  On 8 April 1987, you received nonjudicial punishment for stealing from the Navy Exchange.  On 28 December 1988, you received nonjudicial punishment for disobeying a lawful order.  On 21 August 1989, you received nonjudicial punishment for being absent from your place of duty.  On 8 September 1989, you were notified of the initiation of administrative separation proceedings, and your rights attendant to same.  You waived your right to administrative discharge board.  After you were notified that you were being discharged from the naval service, you received nonjudicial punishment on two more occasions, for being derelict in the performance of your duties and for being absent from your place of duty.  On 19 October 1989, you were discharged with an other than honorable characterization of service.  Subsequent to your discharge, the Naval Discharge Review Board upgraded your characterization of service to general (under honorable conditions), as well as changing the narrative reason for discharge to “Secretarial Authority.”  On 28 January 2011, this Board denied a previous application that you had submitted.  Notwithstanding this prior application, the Board considered your current application anew. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  In your petition, you have stated that you were exposed to various chemicals at  which caused a change in your behavior, and thus should mitigate the circumstances of your discharge.  The Board noted that you did not provide any records to support your assertions, and there are no records in your file in support of your application.  Accordingly, in light of your numerous punishments during your active duty period, the Board did not find evidence of any error or injustice that warrants upgrading your characterization of service. 
 
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,