DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  0600-20   
Ref: Signature date 

Dear :
 
This letter 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 that 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, sitting in executive session, considered your application on 7 April 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 14 October 1987.  On 25 March 2009, you received non-judicial punishment (NJP) for five specifications of failure to obey an order or regulation, four specifications of wrongful sexual contact, two specifications of simple assault, and one specification each of drunk and disorderly conduct and communicating a threat.  You were found guilty of all charges and specifications.  You were awarded a punitive letter of reprimand.  Subsequently, mandatory administrative action was initiated to separate you from the naval service by reason of “Misconduct – Serious Offense.” On 8 April 2009, you consulted with legal counsel and requested that your case be heard before an administrative discharge board (ADB).  On 3 August 2009, the administrative board found a basis for administrative discharge and recommended you be discharge with a general (under honorable conditions) (GEN) characterization of service.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 10 April 2010, the separation authority directed that you be transferred to the Fleet Reserve, per your request, in lieu of further administrative separation proceedings, with a GEN discharge, in the reduced paygrade of E-6, with an RE-4 re-entry code.  You were transferred to the Fleet Reserve on 31 May 2010. Your record reflects that, despite the foregoing directive from the separation authority, your issued DD214 erroneously states your characterization of service as “honorable,”your re-entry code of “RE-2,” but correctly states your reduced paygrade of “E-6.” 

The Board carefully weighed all potentially mitigating factors, such as your desire to change your grade and assertions that you were never formally reduced from paygrade E-7.  The Board also considered your assertion that you were discharged, but never demoted in rank.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your retirement grade given your misconduct, which resulted in NJP.  The Board noted that you were allowed to transfer to the Fleet Reserve after a retirement grade determination and notified of your retirement grade upon transfer to the Fleet Reserve.
 
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 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,