Docket No:  1497-20 
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 21 April 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 3 November 1997.  Subsequently, administrative discharge action was initiated by reason of Misconduct.  You received an OTH discharge on 27 September 2001. Although your complete administrative separation documentation was not included in your record, 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, will presume that they have properly discharged their official duties.  According to your DD Form 214, you were discharged with an other than honorable characterization of service by reason of misconduct and assigned an RE-4 reentry code and “HKB” separation code.  The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that the civil court conviction that was the reason for you discharge happened over 20 years ago, you have served all time, all probation is complete, and all restitution and fines are paid.  The Board also considered your assertion that you are asking for consideration because the VA can help you transition back to the community.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct. 


Regarding your contention that VA benefits can help you to transition back to the community, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the VA. 

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. 

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