DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4375-20 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 17 February 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). The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty 7 January 2010. Although your administrative separation documentation is not in your official military personnel file (OMPF), based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 24 April 2020, with an honorable characterization of service by reason of misconduct due to commission of a serious offense and assigned a RE-4 reenlistment code. 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 desire to change your narrative reason for separation and reenlistment code, have your charges cleared from your record and contention that the preliminary investigation (PI) used evidence developed from information that was inaccurate, chronologically inconsistent, contrived and taken out of context. Exculpatory evidence and accurate representation of the information in the PI clearly show the findings at NJP were unjust. You submitted an appeal of your NJP and was denied, but the evidence you submitted showing that your wife’s statement showed manipulation was never included, nor the video evidence with the appeal to the commander. The Board noted you did not submit any documentation or advocacy letters to be considered. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. In this regard, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties. About your contention, this Board is not an investigating agency nor does it have the resources to investigate unsubstantiated allegations. 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, Executive Director