Docket No:  0181-20 
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 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 for Correction of Naval Records, sitting in executive session, considered your application on 23 March 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 5 September 1980.  On 9 December 1981, you received nonjudicial punishment (NJP) for unauthorized absence (UA). On 19 November 1982, you received NJP for UA. On 25 December 1982, you were accused of fondling a shipmate.  Subsequently, administrative discharge action was initiated by reason of homosexuality – sexual assault. You consulted counsel and selected an administrative board (ADB). On 16 February 1983, an ADB board found a basis for your separation and recommended you be separated with an under other than honorable (OTH) conditions discharge.  On 5 March 1983, you received NJP for UA and missing movement. After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 1 May 1983, your commanding officer (CO) recommended that you receive an OTH discharge.  On 19 May 1983, the Separation Authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  The Separation Authority changed the narrative reason to: Engaged in, or Attempted to Engage in, or Solicited Another in a Homosexual Act or Act. You received an OTH discharge on 23 May 1983. Based on a previous Board decision, your DD Form 214 was reissued on 4 January 2018, indicating that you were discharged by reason of secretarial authority. As a courtesy a copy of your update DD Form 214 is forwarded as the enclosure. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your desire for a DD Form 215 in order to get VA benefits such as a HUD voucher. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given the seriousness of your misconduct [pattern of misconduct resulting in three NJPs].  In regards to your request for VA benefits, you must contact your regional VA office to start the appeal process for any denied benefits.  More information of this matter can be found on the VA’s website at https://www.va.gov. 

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.