DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1384-19 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 26 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 on 16 August 1999. On 20 October 2000, you received nonjudicial punishment (NJP) for unauthorized absence (UA), and for failing to obey a lawful order or regulation. You received an administrative counseling stating that further misconduct may result in processing for administrative separation. On 20 December 2000 you were accused of UA, insubordinate conduct toward a petty officer, and provoking speech or gestures. The administrative separation documents are not in your record, however, the Board relied on a presumption of regularity to support the official actions of public officers, and, given the narrative reason for separation with corresponding separation code on your DD Form 214, the Board presumed that you were properly processed and discharged from the Navy for a pattern of misconduct. On 18 December 2000, you were discharged from the Navy with a general (under honorable conditions) (GEN) characterization of service. The Board carefully weighed all potentially mitigating factors, including your contentions that you were discharged because you were habitually late for work, that you felt you were too young and immature to keep a work schedule, that you have since rectified the matter and can now be on time, and that you would like to join the Navy Reserve in order for the Navy to make full use of your education in avionics. However, the Board found that your contentions and mitigating factors were not sufficient to warrant relief in your case given your overall pattern of misconduct, and your disregard for good order and discipline while on active duty. Accordingly, the Board determined that there was no material error or injustice in your discharge, and the Board found that your cumulative instances of misconduct merited a GEN discharge. Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief, such as positive or negative post-service conduct, including any arrests or convictions. However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances and your pattern of discreditable involvement with military authorities, your request does not merit relief. 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, 10/24/2019