Docket No: 1172-20
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.   
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 October 2020.  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 Naval Reserve and began training in Officer Candidate School on 28 June 1996.  On 2 August 1996, you disenrolled from training and waived your right to submit a statement.  Subsequently, administrative separation action by reason of Failure to Complete Commissioning Program was initiated and you were separated with an uncharacterized discharge on 2 August 1996. 
 
You requested an upgrade of your discharge to Honorable. You said you were not allowed to be an Air Traffic Controller since it was reserved for enlisted personnel.  You asserted this was during big cuts to all military branches.  You also asserted that if you could have been an Air Traffic Controller, you would have served your full commitment.  Finally, you asserted your characterization of service is having a negative impact on your employment because it is not an Honorable characterization.   
  
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 have served as an air traffic controller and to upgrade your discharge.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  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,