DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2392-20
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, sitting in executive session, considered your application on 2 June 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 Navy and began a period of active duty on 1 April 1983.  On 24 June 1983, you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty.  On 12 July 1983, you began a period of unauthorized absence (UA) that terminated with your surrender on 13 July 1983. Your record reflects a second period of UA from 14 July 1983 to 17 July 1983. You received a second NJP on 1 August 1983, for two specifications of UA, failure to go to your appointed place of duty, and theft.  On 14 October 1983, your commanding officer notified you that you were being considered for administrative separation due to minor disciplinary infractions.  On 5 October 1983, the separation authority directed that you receive an entry level separation.  On 31 October 1983, you were discharged from the Navy with an entry level separation on the basis of entry level performance/conduct and received a reentry (RE) code of RE-4. 

You request an upgrade to your discharge characterization to honorable and state that you were informed by the Department of Veterans Affairs (VA) that you have an honorable discharge.  In support of your application, you provide a letter from the                   which states “Character of Discharge (As certified to VA by military branch of service or shown on official military documents): HONORABLE.” 

The Board, in its review of your entire record and application, carefully weighed all factors, including your contention that you hold an honorable characterization of service as evidenced by the letter from the Regional Office of the VA in .  TheBoard noted that the VA’s letter indicates that the honorable characterization was certified by the military branch or reflected on an official military document.  However, the Board reviewed your Certificate of Release or Discharge from Active Duty (DD Form 214) and found that it reflects an uncharacterized entry level separation rather than an honorable discharge.  The Board reviewed the information in your available service record and noted that within your first five months of service you received two NJPs for various infractions including multiple periods of UA, failure to go to your appointed place of duty, and theft.  The information reflected in the VA’s letter is not indicative of the nature of your conduct while you were on active duty nor is it consistent with the available records which show you were processed for an entry level administrative discharge due to your performance and conduct.  The Board concluded that your current uncharacterized entry level separation is appropriate because you appear to have been notified of administrative discharge within the first 180 days of active duty service and your command elected to pursue an entry level separation.  TheBoard determined that the VA’s letter does not establish an error or an injustice that merits corrective action. 

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. 

Sincerely,