Docket No: 2480-20/ 5934-17 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. A three-member panel of the Board, sitting in executive session, considered your application for reconsideration on 13 March 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). 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. You requested that your under other than honorable conditions discharge be upgraded. You submitted a personal statement as evidence. You state you were a 4.0 sailor, awarded a Navy Achievement Medal as an E-3, promoted to E-5 in two years, and made a mistake. You further state you had “short timer’s” disease, went to a party and tried methamphetamines. You further contend you fell asleep on watch because you had extra duty that morning, did your workout routine in the afternoon, and did not get enough rest. Finally, you state you don’t know if you will receive any benefits but would just like others to know you proudly served. 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 upgrade your discharge and your service awards and promotions. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your nonjudicial punishments and administrative board, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. Additionally, whether or not an individual is entitled to veterans’ benefits is a matter under the cognizance of the U.S. Department of Veterans Affairs (DVA) and you may contact the nearest office of the DVA concerning your right to apply for benefits. If benefits have been denied, you may be able to appeal the denial under procedures established by the DVA. 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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,