DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
              
Docket No:  9073-19               
Ref: Signature date 

Dear 

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 23 March 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 the Navy Reserve and began a period of active duty on 2 August 1998.  On 29 December 1989, you received nonjudicial punishment (NJP) for Failure to Go to Your Appointed Place of Duty.  On 2 February 1990, you received NJP for Dereliction of Duty.  On 11 May 1990, you received NJP for Dereliction of Duty, Leaving Your Place of Duty, and Larceny of Personal Property. On 4 September 1990, you received NJP for two specifications of Failure to Obey a Lawful Order.  Subsequently, administrative discharge action was initiated by reason of Misconduct - Pattern of Misconduct.  On 13 September 1990, you consulted counsel and waived your right to an administrative board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  The Staff Judge Advocate to the Separation Authority found the package legally sufficient and recommended you be separated with an other than honorable (OTH) characterization of service.  On 16 September 1990, your Commanding Officer recommended that you receive an OTH discharge.  On 4 October 1990, the Separation Authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  You received an OTH discharge on 9 November 1990. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertion that the Veterans Administration advised you to request an upgrade.  The Board concluded that these factors were not sufficient to warrant a change to your discharge given your misconduct, which resulted in four NJPs.  The Board noted you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service. Finally, the Board discerned no probable material error or injustice in your record that warrants upgrading the characterization of your service. 

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, 

4/23/2020