Docket No: 8111-19 
Ref: Signature Date 


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 2 June 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 Navy and began a period of active duty on 25 September 1990. On 18 December 1991, you received nonjudicial punishment (NJP) for a period of unauthorized absence (UA) from 25 November 1991 to 3 December 1991.  On 3 June 1992, you received NJP for three specifications of UA.  At special court-martial proceedings held in November 1992, you were found guilty of UA from 24 August 1992 to 7 October 1992, and missing movement.  On 26 January 1993, the Commanding Officer, Transient Personnel Unit, recommended that you be administratively separated on the basis of misconduct due to commission of a serious offense and a pattern of misconduct.  An administrative separation board was not convened.  On 17 March 1993, you were discharged from the Navy on the basis of a pattern of misconduct and received an other than honorable discharge and a reentry (RE) code of RE-4. 

You request an upgrade to your discharge characterization from other than honorable to general.  You state that you were held at Captain’s Mast for attending the funeral of a friend with whom you served with onboard the same ship.  You contend that you asked to attend the funeral but your request was denied.  You request an upgrade in part to access Veterans Affairs (VA) benefits to purchase a home for your family.  You note that you were an honor recruit, the recruit CPO of your company, and a leader on the ship. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were absent without authorization to attend the funeral of a friend and that you were an honor recruit, recruit CPO of your company, and a leader on the ship.  The Board also considered that you would like to access VA benefits to purchase a home for your family.  Even in consideration of your assertions, the Board noted that your record reflects two NJPs and a special court-martial conviction for multiple periods of UA and missing ship’s movement.  In light of the frequency of your periods ofUA, along with missing ship’s movement, the Board found that your misconduct was not overcome by the your early achievements in the Navy, your attendance at your friend’s funeral, and your desire to purchase a home using VA benefits.  The Board concluded that your other than honorable discharge is supported by the misconduct reflected in your service record and an upgrade is not warranted. 

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.