DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-249 Docket No: 3420-21 Dear Petitioner: 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 7 July 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 and began a period of active duty on 9 June 1989. On 24 November 1989, you received non-judicial punishment (NJP) for an unauthorized absence and four specifications of wrongfully making sexually harassing comments and physical contact with four female Sailors. On 27 April 1990, you received your second NJP for disrespect, absence from your appointed place of duty, failure to obey a lawful order, and disorderly conduct. On 22 August 1990, you received your third NJP for an unauthorized absence. On 1 September 1990, you were notified that you were being recommended for administrative discharge from the Navy because of misconduct due to pattern of misconduct. You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). Your commanding officer (CO) then forwarded your administrative separation package to the separation authority (SA) recommending administrative discharge from the Navy with an other than honorable (OTH) characterization of service. The SA approved the CO’s recommendation and directed your OTH discharge by reason of misconduct due to pattern of misconduct. On 21 September 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 contentions that: 1) you were “young and dumb,” and you made an honest mistake in your calculation of the time you were supposed to return to your command; 2) you did not understand how bad the consequences would be when you were asked if you wanted out and said yes; and 3) the punishment you received for returning a few hours late was unjustly harsh especially with how badly that punishment has so negatively affected your life. You further state that since your separation from the Navy, you have struggled with housing and have been homeless in the past. You have a hard time receiving medical treatment, and have attempted to get medical assistance from the Department of Veterans Affairs, and housing assistance from programs, but due to your type of discharge, you have not been eligible for any assistance. The Board noted you did not submit any documentation or advocacy letters to be considered by the board in support of your petition. 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 three NJPs, 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, 7/20/2021 Executive Director