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

Docket No: 972-19 
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 19 May 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 and began a period of active duty on 20 August 1992.  On 10 June 1993, you received nonjudicial punishment (NJP) for being absent from your appointed place of duty, disrespect, assault, use of provoking words, drunk and disorderly conduct, and being incapacitated for the proper performance of duties. On 16 July 1993, you received NJP for being absent from your appointed place of duty.  On 21 July 1993, you were counseled concerning the beginning of a pattern of alcohol abuse.  You were warned that further deficiencies in your performance and or conduct would terminate the reasonable period of time for rehabilitation that the counseling/warning entry implied and may result in disciplinary action and in processing for administrative separation.  On 6 August 1993, you received your third NJP for being absent from your appointed place of duty and for disrespect.  On 12 August 1993, you received your fourth NJP for being absent from your appointed place of duty.  Administrative discharge action was initiated to separate you from the Navy for misconduct due to a pattern of misconduct.  Subsequently, on 23 September 1993, the separation authority directed that you be discharged from the Navy due to a pattern of misconduct.  On 1 October 1993, you were discharged from the Navy with an other than honorable (OTH) characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your record of service, your desire to have your characterization of service upgraded, and that you do not believe your record is in error or unjust.  The Board also considered your assertions that you were a young man of 20 years old, your father had passed away, people at home were arguing over his estate and pressuring you to come back home, and you were not dealing with the death of your father or the pressure from those at home appropriately.  The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your four NJPs, two of which were after you were warned of the potential consequences of further misconduct. 

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.