Docket No: 4273-20 
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. 
 
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 10 March 2021.  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 Reserves on 3 March 1989.  On 9 November 1990, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling 19 days and missing ship’s movement.  Your punishment was forfeiture of pay, restriction, extra duty, and reduction to E-2.  Reduction in rank to E-2 was suspended for six months.  On 12 December 1990, you were diagnosed with alcohol abuse and a long-standing personality disorder.  On 17 January 1991, your reduction in rank was vacated due to continued misconduct.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offence.  You waived your rights and your commanding officer (CO) recommended other than honorable (OTH) discharge by reason of misconduct due to commission of a serious offence.  The discharge authority approved this recommendation and directed OTH discharge by reason of misconduct.  On 6 March 1991, you were discharged.  On 15 July 2016, you were diagnosed with Post-Turmeric Stress Disorder (PTSD).  As a result, on 3 October 2017, the Board upgraded your discharge to general under honorable conditions. 

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, the Advisory Opinion (AO) dated 29 May 2020, your desire to change block 2 on your Certificate of Release or Discharge from Active Duty (DD Form 214), and your contention that you only served in the active Navy not the Navy Reserve and you are unable to receive Department of Veteran Affairs (DVA) benefits.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that AO provided by Director, Record Management and Benefits Division (DRMBD), outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
In regard to your contention that you only served in the active Navy not the Navy Reserve, the Board noted and concurred with the AO dated 29 May 2020.  The AO stated in part that a review of your record revealed that you enlisted in the Fireman/Apprenticeship Training Program (FN/ATP).  The AF/ATP is a Navy Reserve enlistment option that requires the service member to serve three of their eight year Military Service Obligation on active duty. The time on active duty does not change the Branch Class to USN; therefore, your DD Form 214 reflects the correct Branch/Class.  Regarding your contention that you are unable to receive DVA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA. 
 
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,