Docket No: 5441-20 
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 9 December 2020.  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 on 18 July 1984.  On 9 August 1985, you received non-judicial punishment (NJP) for two specifications of failure to go to appointed place of duty and two specifications of disobeying a lawful order.  On 2 April 1987, you received an additional NJP for unauthorized absence (UA).  At an unidentified time, you were assigned to a damage control study group due to failing to complete general DC PQS within the first six months aboard ship.  As a result, you were required to attend daily DC training including musters wearing your uniform at the beginning and end of the study period.  You willfully disobeyed the order by attending muster in civilian clothing and leaving the ship after being ordered to remain onboard.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense.  After you waived your rights, your commanding officer recommended an other than honorable (OTH) discharge by reason of misconduct due to commission of a serious offense.  The discharge authority approved this recommendation and directed an OTH discharge due to misconduct.  On 21 May 1987, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge In this regard, the Board noted that the seriousness of misconduct outweighed your desire to upgrade your discharge.      
 
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 discharge and contention that you need medical benefits to help with your hearing loss, which occurred as a result of duty onboard ship.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your two NJPs and administrative separation, 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 need medical benefits to help with your hearing loss which occurred as a result of duty onboard ship, the Board noted that there is no evidence in your record, and you submitted none, to support your contention of suffering hearing loss due to serving aboard ship.  The Board also noted that whether or not you are eligible for benefits from the U.S. Department of Veterans Affairs (DVA) is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you may be able to 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,