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

Docket No: 9736-18   
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 16 September 2019.  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 25 April 2001.  On 26 April 2001, you were counseled for fraudulent enlistment.  You were advised that failure to take corrective action may result in administrative separation and judicial proceedings.  On 18 May 2002, you received nonjudicial punishment (NJP) for failure to obey a lawful order and false official statement.  On 1 October 2002, you received a second NJP for four unauthorized absences.  On 15 October 2002, you were counseled that you were not recommended for reenlistment and would be assigned a restrictive reentry code.  Subsequently, administrative discharge action was initiated by reason of misconduct.  On 16 October 2002, you received a general (under honorable conditions) discharge.  On 26 October 2012, the Naval Discharge Review Board (NDRB) advised you about your request to change your characterization of service. The NDRB found your discharge was proper as issued and that no change was warranted.
 
You requested the Board upgrade your discharge. You asserted you should have been given an honorable discharge.  The Board carefully weighed all potentially mitigating factors, such as your record of service and assertion.  The Board found no material error or injustice. Characterization of service is based, in part, on overall trait average (OTA) marks assigned on a periodic basis.  Your OTA average was 1.6. At the time of your service, an OTA of 2.5 was required for a fully honorable characterization of service.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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, 


10/18/2019