Docket No: 3863-20 
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.     
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 4 March 1999.  On 7 March 2001, you received nonjudicial punishment (NJP) for a period of unauthorized absence (UA) and failure to obey a lawful order or regulation.  On 25 February 2002, you received a second NJP for a period of UA, failure to obey a lawful order or regulation, and malingering.  You were notified the same day that administrative separation proceedings were being initiated against you on the basis of a pattern of misconduct.  You waived your right to appear before an administrative separation board.  On 27 February 2002, your commanding officer (CO) recommended that you be administratively separated with an other than honorable characterization of service.  The CO stated that you had been given many opportunities to prove yourself a worthy Sailor but had been unable to meet acceptable standards and that you were no longer suitable for military service.  You were discharged from the Navy on 1 August 2002, on the basis of misconduct with an other than honorable characterization of service and a reentry (RE) code of RE-4. 
 
In your application for correction, you ask for an upgrade to your discharge characterization from other than honorable to general.  You state that at the time, you were having extensive family issues which you were trying to address.  You felt that the only way you were going to help your family situation was to get home.  You contend that the other than honorable discharge was excessive and should have been a general. 
 
The Board, in its review of your entire record and application, carefully considered potentially mitigating factors including your statement that you were struggling with personal challenges at the time of your military service.  The Board noted that you state that you let the stress of the situation get the best of you, and that you settled for whatever would get you home to deal with your family situation.  You also state that you were an excellent Airman prior to the incident.    The Board reviewed your contentions but found that your two NJPs combined with your CO’s recommendation for an other than honorable discharge supported your separation on the basis of misconduct.  The Board also found that the other than honorable discharge was not disproportionate given that you had two NJPS, one of which included a charge of malingering, and your CO stated that you had been given many opportunities to prove yourself.  In light of the information in your record, the Board found that your contentions in your petition did not overcome the misconduct exhibited during your active duty Naval service.  Accordingly, the Board determined that your other than honorable discharge was issued without error or injustice.     
 
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,