DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1413-20 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 you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 21 May 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. Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy Reserve for a period of eight years on 29 September 1999. The last available evaluation in your record was for the period June 2001 to June 2002, when you were recommended for promotion and retention. On 16 February 2004, you were discharged with a general (under honorable conditions) characterization of service due to unsatisfactory participation in the ready reserve. You request the Board upgrade your discharge to “honorable or administrative” and remove “dishonorable.” You state you recently learned you had a dishonorable discharge. You assert you requested to be transferred to inactive status, but it was never submitted or entered into your record. You claim you were dedicated to your reservist job; however, due to divorce, being a single parent, working, and attending college, you were unable to drill. You take great pride in my Navy service. When you joined you worked full time, and were a wife, and mother. Your home was flooded in 2001 by tropical storm and you lost everything. In August 2002, your former spouse left you and your three children. By 2004, it became unmanageable and you requested to be placed in inactive status. Lastly, you state that as the daughter of a disabled Marine, former spouse of a retired veteran, and mother of a Navy veteran it grieves you to have the status you have. You are currently working on your PhD, active in your church, and seeking to deepen your advocacy role. The Board noted that you do not have a dishonorable discharge, but rather, a general (under honorable conditions) characterization of service. You requested that your discharge be upgraded to honorable or administrative. The Board noted that your discharge was as the result of an administrative separation. Your original service record was incomplete and did not contain complete documentation pertaining to your separation from the Navy. However, the Board noted that you provided no evidence to support your contentions. Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. The Board noted your post-service accomplishments; however, did not find evidence of an error or injustice that warrants upgrading your characterization of service. 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 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, 7/20/2020