Docket No: 3717-20 
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 you did not file your application 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 4 September 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 21 June 2000.  On 24 June 2002, you received nonjudicial punishment (NJP) for unauthorized absence (UA) and dereliction.  You were awarded forfeiture of pay, restriction, and extra duties.  On 3 September 2002, you received a second NJP UA and breaking restriction and were awarded a reprimand, forfeiture of pay, and correctional custody for 30 days.  You were advised that failure to take corrective action could result in judicial proceedings and administrative separation.  On 1 November 2002, you received a third NJP for failure to obey a lawful order and awarded forfeiture of pay, restriction, and reduction in rank to E-1.  Subsequently, administrative discharge action was initiated due to a pattern of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive a general (under honorable conditions) discharge (GEN) and the separation authority approved your separation from the Navy.  On 20 November 2002, you were discharged with a general characterization of service. 
 
You have requested that the Board upgrade the characterization of your discharge to honorable (HON).  In your application, you assert that when you joined the military you intended to make it a career, and that you played the bugle in boot camp as part of an honors division.  You also note that in A school, you were class leader, section leader and assistant physical training coordinator for your submarine.  You also contend that you had no problems in your career up to that point and had received a number of commendations.  You contend that everything changed when your roommate told your officers that you were a homosexual, which prompted them to remove the lock from your wall locker, which in turn revealed “evidence” that you were a homosexual.  You contend that that this caused you to go from “poster boy” to “outcast,” and when others learned that you were gay, you were removed from dive school, nearly subject to a court-martial and sent to correctional custody during a two-week deployment.   
 
In addition to the above, you also contend that during your discharge hearing you were asked if you would ever consider reenlisting and you replied “Absolutely NOT!”  You state that every time you submit your DD Form 214 for a job or college, you are reminded of the harassment and pain you felt all those years ago and that you would have had no problems if you had been allowed to serve openly.  Lastly, you state you were unaware that it was possible to request a discharge upgrade until last year, that you hold a Associate’s Degree, and that having access to education benefits would be a “game changer” for you.   
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, and concluded that these factors were not sufficient to warrant a change to your discharge given the misconduct in your record.  Additionally, the Board found no error in the records.  With respect to your contention that you were discharged due to your sexual orientation, the Board found your record contains no evidence to support that contention.  Your record reveals that your administrative discharge was based on a pattern of misconduct, which is accurately reflected on your DD Form 214.  Additionally, the Board noted that you provided no evidence to support your contentions.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 
 
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. 
 
Sincerely,