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

Docket No: 

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 4 December 2019.  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 reenlisted in the Navy on 14 November 1986 after more than three years of prior service.  You served for nearly two months without disciplinary incident, but during the period from 9 January 1987 to 18 July 1988, you received nonjudicial punishment (NJP) on two occasions.  Your offenses were failure to go to your appointed place of duty and missing ship’s movement.  On 16 August 1988, you were the subject of a psychiatric evaluation after making several suicidal gestures.  You were diagnosed with a chronic and severe personality disorder.  Subsequently, you were notified of pending administrative separation because of misconduct due to commission of a serious offense and personality disorder at which time you waived your procedural rights to consult with legal counsel and present your case to an administrative discharge board (ADB).  Your commanding officer recommended that you be separated with an  other than honorable characterization of service by reason of misconduct due to commission of a serious offense.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct, and on 21 October 1988, you were discharged. 

The Board carefully weighed all potentially mitigating factors, including your contention that you believe your discharge of OTH is incorrect due to the duress you were under, which was not supported by the Navy.  The Board considered your issues related to the petty officer, from whom you rented a room, and that at times, you feared for your life. The Board found that these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in two NJPs.  The Board noted that you waived your right to an ADB, your best opportunity for retention or a better characterization of service.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Further, the Board noted that the record contains documented evidence, which is contrary to your contention that you did not receive support from the Navy. The Board, in its review, discerned no error or injustice in the 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 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.