Docket No: 3379-20
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 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.    
 
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 30 November 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). 
 
You enlisted in the Navy and began a period of active duty on 29 January 2002.  On 26 June 2002, you received nonjudicial punishment (NJP) for wrongfully having alcohol in the BEQ, and underage drinking.  On 17 July 2002, you received NJP for underage drinking.  On 18 October 2002, you completed Level II Intensive Outpatient Rehabilitation Treatment.  On 18 June 2003, you received NJP for drunken operation of a vehicle, underage drinking, and unauthorized absence.  On 31 August 2003, you were arrested under suspicion of driving under the influence.  On 12 September 2003, you were notified that administrative separation proceedings were being initiated against you by reason of misconduct due to a pattern of misconduct, commission of a serious offense, and alcohol rehabilitation failure.  Your Commanding Officer forwarded your package to the Separation Authority recommending that you receive a separation with a general characterization of service.  You were separated from the Navy on 18 September 2002, on the basis of alcohol rehabilitation failure, and received a general characterization of service, and a reentry (RE) code of RE-4. 

In your application for correction, you request an upgrade to your general characterization of service to reflect an honorable discharge.  You assert that you were harassed on more than a few occasions from members of your own division which resulted in behavior off duty that you are not proud of.  You further assert that while on duty, you always had good intentions of doing the right thing and following orders.  You contend that the harassment was a form of hazing and a lack of teamwork.  Since being discharged, you “sought a tool & die apprenticeship” and have been doing the trade for 15 years.  You have made a prosperous career and are well liked with great evaluations.  You ask that the Board consider that you volunteered to join the Navy after the terrorist attack and that you tried to learn and do what was necessary for the betterment of your crew.  You provide information about two Sailors who harassed you, and of specific incidents of brawling and hazing.  You state that the harassment itself was traumatic and that the discharge was not entirely your fault; and that you were not a bad Sailor, you were only under bad leadership.  
 
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 contentions that you were the victim of harassment and poor leadership.  The Board also took into account the timing of your enlistment and the sincerity in your application regarding your desire to serve your country and to contribute to the mission alongside your shipmates.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your three NJPs and the arrest for suspicion of DUI outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
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.   
 
 Sincerely,