Docket No: 6767-20 
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 was denied.    
 
Although your application was not filed not in a timely manner, the Board found it in the interest of justice to waive the statute of limitations consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 7 December 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. 
  
You enlisted in the Navy and began a period of active duty on 3 October 1988.  Your original service record was incomplete and did not contain some documentation pertaining to your separation from the Navy.  Absent of such evidence, the Board relies upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  However, based on your Certificate of Discharge or Release from Active Duty (DD Form 214), you were separated from the Navy on 10 September 1999 by reason of misconduct due to commission of a serious offense, and received a general (under honorable conditions) characterization of service.   
 
You requested that your “discharge of other than honorable be upgraded to honorable.”  The Board noted you did not receive an other than honorable, rather, as stated above and as reflected in your DD Form 214, you received a general (under honorable conditions) characterization of service upon your separation from the Navy.  Notwithstanding, the Board considered your contention that you serviced your country for nearly 11 years and believe that all you did and achieved warrants an upgrade to an honorable, but ultimately concluded this contention was not sufficient to warrant a change to your discharge.   
 
The Board also reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records (BCM/NRs) “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded your request does not merit relief. 
 
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,