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

Docket No:  772-19 
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 28 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, 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 1 December 1993. On 3 November 1994, you received a retention warning for two instances of failure to obey orders.  On 16 February 1995, you received nonjudicial punishment (NJP) for failure to go, willfully disobeying a lawful order of a commissioned officer, and willfully disobeying a lawful order of a non-commissioned or petty officer.  On 23 November 1995, you were arrested by  Police Department for corporal injury upon your spouse.  On 28 November 1995, your commanding officer (CO) issued a military protection order that barred contact with your wife.  On 30 November 1995, you received NJP for unauthorized absence.  On 18 December 1995, you were diagnosed by Naval Hospital  with antisocial personality disorder and recommended for administrative discharge.  On 19 December 1995, you were convicted in  Court of corporal injury upon your spouse.  Subsequently, administrative discharge action was initiated at the convenience of the government due to personality disorder and by reason of misconduct due to the commission of serious offenses.  On 27 December 1995, you waived both your right to consult with counsel and your right to a hearing before an administrative discharge board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 25 January 1996, your CO recommended that you be discharged with an other than honorable (OTH) characterization of service.  On 11 March 1996, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  You received an OTH discharge on 27 March 1996 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that the military did not give you the opportunity to show you could change and took the word of officers in the dental division.  The Board also considered your assertion that you had a rough time but would have and could have changed had the Navy not discharged you.  Finally, the Board considered your assertions that you loved being in the Navy but had trouble adjusting to authority and thought you were being moved from dental, not discharged.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs and a civilian conviction.  The Board noted you were advised, in writing, that you were being recommended for administrative discharge.  The Board also noted that you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. The Board discerned no probable material error or injustice in your discharge that warrants correction. 

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,