DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8242-19 Ref: Signature Date This is in reference to your application of 16 August 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 14 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, and 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 their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 5 May 1982. On 6 December 1982, you received non-judicial punishment (NJP) for disobeying a lawful order. On 22 December 1982, you received a second NJP for unauthorized absence (UA). On 7 March 1983, you received a third NJP for failure to obey a lawful order and UA. On 28 June 1983, you received a fourth NJP for disobeying a lawful order and using disrespectful language. On 18 January 1984, you received a fifth NJP for UA and missing movement. On 15 April 1984, you were advised that failure to take corrective action could result in administrative separation and judicial proceedings. On 7 June 1984, you received a sixth NJP for failure to obey a lawful order. On 25 August 1984, you received a seventh NJP for wrongful possession of marijuana. On 8 January 1985, you received an eighth NJP for breach of peace. On 10 January 1985, an administrative action to separate you from the naval service was initiated due to a pattern of misconduct. After being afforded all of your procedural rights, you requested a hearing before an administrative discharge board (ADB). On 11 January 1985, you were evaluated by a medical officer who determined that you had no mental health issues or diagnosis, and you were not drug or alcohol dependent. On 27 February 1985, an ADB voted to separate you with an under other than honorable (OTH) discharge. On 2 May 1985, you were so discharged. You request that the Board upgrade your discharge; however, you did not specify the characterization of service that you are seeking. You claim you were always going to Captain’s Mast because of racial prejudice and you were treated unjustly. You state you want an upgrade so you can work and be able to go to a VA hospital. In support of your petition, you attached your congressional correspondence with Senator . 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 that resulted in eight NJPs. 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 policy. 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, 5/1/2020