Docket No: 1507-21 
Ref: Signature Date 
            
Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 28 April 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy on 17 February 1987.  On 7 September 1989, you received non-judicial punishment (NJP) for absence from appointed place of duty and missing ship’s movement.  On 7 December 1989, you received counseling on your involvement with alcohol and violation of UCMJ.  On 16 January 1990, civil authorities arrested you for driving on suspended license. On 24 January 1990, you received NJP for unauthorized absence (UA) totaling six days and failure to obey a lawful order.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense.  After you waived your rights, your commanding officer (CO) forwarded your package to the separation authority (SA) recommending your discharge by reason of misconduct due to commission of a serious offense, with and other than honorable (OTH) characterization of service.  The SA approved the recommendation, and on 28 March 1990, you were so discharged.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and to have schools and awards reinstated to your Certificate of Release or Discharge from Active Duty (DD Form 2214).  The Board also noted your contentions that your discharge was the result of your CO retaliating against you for being represented by your Senator; your CO stated that he wanted you discharged from the Navy; and you missed ship’s movement due to being in the hospital for 10 days after being jumped by a group of men.   
 
The Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that the record shows that you were notified of, and waived your right to present your case to an Administrative Discharge Board.  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service.  Lastly, the Board noted that you should contact the Department of the Navy, Navy Personnel Command (BUPERS), Sailor Assistance Center, Code Pers-312F, 5720 Integrity Drive, Millington, TN 38055-3120 to request adding your schools and awards to your to DD Form 214. 
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your two NJPs and arrest by civil authorities, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
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, 
5/4/2021
Executive Director