Docket No: 9287-19 
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.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 9 October 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 5 January 1982.  On 8 December 1982, you received nonjudicial punishment (NJP) for unauthorized absence, and absence from your appointed place of duty.  Additionally, you were counseled and warned that further misconduct could result in administrative discharge action.  During the period from 10 February 1983 to 7 December 1983, you received three additional NJPs for missing movement, disrespect, and being absent from your appointed place of duty.  On 13 December 1983, you were counseled and warned that further misconduct could result in administrative discharge action. On 8 February 1984, you received NJP for being absent from your appointed place of duty.  On 10 February 1984, you were notified of administrative discharge action due to a pattern of misconduct and commission of a serious offense.  After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB).  On 8 March 1984, the ADB found you had committed misconduct due to a pattern of misconduct and commission of a serious offense, and recommended that you receive an other than honorable (OTH) discharge.  On 28 March 1984, you received NJP for failing to go to your appointed place of duty.  On 29 March 1984, you case was forwarded to the separation authority with the recommendation that you receive an OTH discharge.  On 26 April 1984, the separation authority directed that you receive an OTH discharge.  On 7 May 1984, you were discharged from the Navy with an OTH characterization of service. 
  
The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to have your characterization of service upgraded, and that the dates of service and misconduct reviewed in a previous BCNR decisional document were incorrect. The Board concluded these factors were not sufficient to warrant a change to your characterization of service, given the misconduct detailed in your record.    
  
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,