DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490 
                
Docket No: 8963-19 
Ref: Signature Date 
  
  
 
Dear : 
 
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 2 September 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 and applicable statutes, regulations and policies. 
 
You enlisted in the Navy and began a period of active duty on 6 September 1990.  You subsequently completed this enlistment with an honorable characterization of service on 15 September 1995 and reenlisted on 16 September 1995.  On 29 December 1998, you received non-judicial punishment (NJP) for dereliction in the performance of duty.  Although your administrative separation documentation is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 13 January 1999, with a general (under honorable conditions) characterization of service by reason of misconduct.   
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and change your reentry code.  The Board considered all of your contentions, including but not limited to that: (a) the punishment far exceeded the crime, (b) a Chief Petty Officer (CPO) “railroaded” you during your Captain’s Mast; (c) a different CPO and a Lieutenant both falsely stated that “you knew what you were doing and therefore you willfully operated the equipment,” and you believe those remarks influenced the captain’s final decision; and (d) the CPO had a vendetta against you for a prior altercation.  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct.   
 
The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.  Additionally, this Board is not an investigating agency nor does it have the resources to investigate unsubstantiated allegations. Under the totality of the circumstances, the Board, in its review, determined that there was no probable material error or injustice in your discharge. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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,