DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 5086-20 
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 22 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, 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 and began a period of active duty on 1 August 1996. On 20 December 1998, you were arrested by civilian authorities for possession with intent to sell, give, or distribute marijuana and cocaine. Your record is incomplete in that it does not contain all the documents pertaining to your administrative discharge. However, according to the documentation available in your record, it appears that you were notified of administrative separation by reason of misconduct due to Commission of a Serious Offense. On 13 January 1999, Commanding Officer, Naval Legal Service Office Mid-Atlantic, recommended your separation from the Naval Service by reason of misconduct with an other than honorable (OTH) characterization of service. On 22 January 1999, the separation authority directed your separation with an OTH characterization of service by reason of misconduct. On 3 February 1999, you were discharged with an OTH characterization of service. 

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 upgrade your characterization of service, your contention that you were discharged prematurely, and your statement that you have evidence provided from the Department of Veterans Affairs (VA) that your military service was overturned. The board noted that you did not provide any supporting documentation other than the VA’s decision letter, and advises that decisions by the VA are for VA purposes only and does not change the characterization of service received from the Navy upon discharge. The board further advises that it presumed regularity in your administrative separation processing despite the incomplete administrative separation documentation, and presumed that the officials acted in accordance with governing law/policy and in good faith. Based upon this review, the Board concluded there was insufficient evidence to warrant relief. Specifically, the board determined your misconduct and the lack of sufficient evidence to determine that the said charges against you were dismissed, outweighed the above mitigating factors. 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 the 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, 
5/4/2021 

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