DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3033-20 Ref: Signature Date This is in reference to your application of 24 March 2020 for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found that 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 28 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, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 17 July 1997. On 3 June 1999, a Military Protective Order was issued to you concerning your association with your wife and children. On 17 November 1999, you received non-judicial punishment (NJP) for dereliction in the performance of your duties, specifically for failing to maintain the hours in the logbook kept at the quarterdeck. On 24 February 2000, you received a second NJP for false official statements (specifically that you were traveling to to move household goods and that your dependents were residing in when they were actually residing in ). On 29 February 2000, Commanding Officer, Field Medical Service School notified you of an administrative action to separate you from the naval service for a pattern of misconduct. On 31 March 2000, you were discharged from the Navy for a pattern of misconduct, and received an other than honorable characterization of service and reentry (RE) code of RE-4. In your application for correction, you ask for an upgrade to your other than honorable discharge characterization. You assert that the record was in error because you were an outstanding Sailor. You state, however, that you were harassed by your wife and that your performance declined because of the harassment. You state that you filed for divorce in 1999, but your domestic problems continued. After you were discharged, you were finally granted a divorce. Two years later, you were shot by your wife and have been left in a disabled state. You provide a detailed personal statement that asserts that your life was perfect until you married the wrong person. Since your discharge, you have become a productive citizen the small town of where you support community little league teams, have earned your barber’s license, and received your bachelor’s degree in sports science without the benefit of the GI Bill. You state that you would like to have your discharge upgraded so that you can access military benefits. You contend that you have limited income, and would reenlist if you could. The Board reviewed your request for an upgrade to your characterization of service, and carefully considered potentially mitigating factors including your personal circumstances during your military service and the post-discharge injury that has left you disabled from the waist down. The Board considered the evidence you submitted and noted that you did not provide information corroborating your statement that you are the victim of a shooting committed by the woman to whom you were married during your military service. The Board remarked that it would have found information about the shooting helpful, to include any information about the disposition of the incident. The Board was sympathetic to your personal challenges as detailed in your personal statement. However, the Board found that without additional information from you which corroborates the shooting incident and establishes an injustice, the other than honorable discharge appears to have been issued properly. The Board determined that absent information that establishes an injustice, the conduct leading to your two NJPs support your other than honorable discharge. Based on the current information, the Board concluded that corrective action is not appropriate. 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, 5/29/2020