Docket No: 8442-19
Ref: Signature Date                                                                             

MR 
 
 
               
Dear Mr. : 
 
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 for Correction of Naval Records, sitting in executive session, considered your application on 23 September 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 reenlisted in the Navy on 15 May 1989.  On 21 September 1991, civil authorities arrested you for driving while intoxicated and the possession of knives.  On 1 October 1991, you received non-judicial punishment (NJP) for drunken and reckless driving and failure to obey a lawful order or regulation.  On 21 November 1991, you were notified of administrative discharge proceeding against you by reason of misconduct due to commission of a serious offense.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  An ADB was held on 14 January 1992, and it found that you committed misconduct due to commission of a serious offence and recommended your separation from the Naval service with a general (under honorable conditions) characterization of service.  The separation authority concurred with the ADB and directed your separation.  On 24 March 1992, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as information from the states of Oregon and Washington, letters of support, your desire to upgrade your discharge; and your contentions that your punishment was excessive, the civil charges were dismissed, and your discharge was based on unsupported criminal charges.  The Board noted that your punishment was a direct result of your actions, and further, that there is no evidence in your record, and you submitted none, to support your contentions.  In this regard, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. 
 
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,