Docket No: 5197-20/
           6050-13
Ref: Signature Date             

Dear  
 
This letter is in reference to your reconsideration request dated 1 April 2020.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application.  Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 25 November 2020.  The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as 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. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  As new matters, the Board considered your contention that your discharge is not correct as told to you by “Veterans Affairs.”  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief because of the seriousness of your misconduct that resulted in non-judicial punishment (NJP) for dishonorably failing to pay debt, and a period of unauthorized absence that subsequently concluded upon your apprehension by civilian authorities for theft of an automobile.  The Board, in its review, discerned no impropriety or inequity in the discharge. 
  
Be advised, decisions reached by the Department of Veterans Affairs (VA) in determining a servicemember’s discharge characterization of service or rate certain VA benefits do not affect previous discharge decisions made by the Navy.  The criteria used by the VA in determining whether a former servicemember is eligible for benefits or discharge upgrade are different from that used by the Navy. 
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).    However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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,