Docket No: 4443-20 
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 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 for Correction of Naval Records, sitting in executive session, considered your application on 28 October 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) 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 on 22 March 1994.  On 8 October 1994, you received non-judicial punishment (NJP) for wrongful operating a motor vehicle while drunk (DWI).  On 25 November 1994, you received a medical evaluation, which diagnosed you with alcohol dependent/alcohol abuse, adjustment disorder with depressed mood, and a personality disorder with dependent and passive-aggressive features.  On 29 November 1994, you were disenrolled from dental assistance school due to lack of motivation.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offence.  After you waived your rights, your commanding officer (CO) recommended a general under honorable conditions discharge by reason of misconduct due to commission of a serious offence.  The discharge authority approved your CO’s recommendation and directed a general discharge due to misconduct.  On 12 January 1995, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contentions that military rules have changed relating to sexual orientation, your discharge should be changed to honorable without any related sexual orientation codes, and you need Department of Veteran Affairs (DVA) medical benefits.  However, the Board concluded that these factors were not sufficient to warrant relief in your case given your misconduct, final marks received at discharge, and narrative reason for separation. 
 
The Board noted that character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations.  Your conduct average was 2.8.  An average of 3.0 in conduct was required at the time of your separation for an honorable characterization of service. 
 
Regarding your contentions that military rules have changed relating to sexual orientation and your discharge should be changed to honorable without any related sexual orientation codes, the Board noted that the record contains documented evidence referencing your sexual orientation, which is contrary to your contentions.  The record clearly shows that on 12 January 1995, you received a general under honorable conditions discharge due to commission of a serious offence and there is no evidence in the record, and you submitted none, to support your contentions of receiving a discharge due to your sexual orientation.  
    
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,