Docket No: 7714-20 
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 for Correction of Naval Records, sitting in executive session, considered your application on 4 January 2021.  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. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
  
You enlisted in the Navy and began a period of active duty on 28 July 1999.  On 20 April 2011 administrative separation action by reason of Misconduct – Commission of a Serious Offense, was initiated against you after your arrest by civilian authorities.  On 5 May 2011, you consulted counsel and requested an administrative board.  On 1 June 2011, an administrative board found a basis for your administrative separation and recommended you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.  On 24 June 2011, your Commanding Officer recommended you be administratively separated with an OTH discharge.   On 30 June 2011, the Separation Authority directed you be administratively separated with an 
OTH discharge.  On 14 July 2011, you were discharged with an OTH discharge and an RE-4 reentry code.  
 
You have requested an upgrade of your discharge to Honorable and the separation code of GKQ be upgraded.  In your application, you stated that you completed every day of your three enlistments and your service record showed nothing negative or derogatory.  You asserted you were under indictment for crimes you did not commit and were forced into an administrative hearing you did not request in writing.  Finally, you asserted that all 15 character reference letters were glowing positive, you served honorably at all times and never once committed criminal or bad acts.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your misconduct, which resulted in an administrative board.  The Board noted you requested an administrative board, in writing, on 5 May 2011.  Finally, the Board noted that the Naval Discharge Review Board directed an amendment to your DD 214 to reflect your honorable service from 28 July 1999 to 14 July 2008.  The approved changes to your naval record should have been made by the Commander, Navy Personnel Command (NPC) (PERS-312), 5720 Integrity Drive, Millington, TN 38055-3120.  If you have not received a copy of the amended DD 214, you may contact NPC about the status of your records. 
 
In reviewing the circumstances of 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).  Accordingly, the Board considered and acknowledged your positive contributions to the Navy, the length of your active duty service to our nation, and your post-discharge achievements.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your OTH discharge characterization and accompanying reentry code were issued without error or injustice, and that corrective action is not warranted. 
  
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, 
 
1/12/2021
Executive Director