DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
              
Docket No:  8293-19               
Ref: Signature date 

This is in reference to your application of 23 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 for Correction of Naval Records, sitting in executive session, considered your application on 3 February 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 and applicable statutes, regulations and policies. 

You enlisted in the Navy and began a period of active duty on 9 February 1994.  On 26 May 1995, you received non-judicial punishment (NJP) for disrespect to a petty officer. On 17 November 1996, you received NJP for assault on a petty officer and disorderly conduct.  You had also failed the physical readiness test for the third time.  Subsequently, administrative discharge action was initiated by reason of misconduct.  On 18 November 1996, you were served with a notice of an administrative action to separate you from the naval service.  That same day, you waived your right to be represented by counsel and present your case to an administrative discharge board.  On 29 November 1996, your Commanding Officer (CO) recommended you be separated with an other than honorable (OTH) characterization of service.  On 11 December 1996, the separation authority concurred, and approved the administrative discharge with an OTH characterization of service.  On 20 December 1996, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions that you were never got the opportunity to work towards you desired rating and were given less than desirable marks. The Board also considered your assertions that you were a 4.0 sailor and were provided no help, despite your requests.  Finally, the Board considered your assertions regarding your career as a Pharmacy Technician and that you kept your nose clean for more than 20 years since your discharge.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct onboard a Navy vessel, which resulted in two NJPs.   

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, 

3/16/2020