DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8001-20/1964-18 Ref: Signature Date 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. 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 the Board, sitting in executive session on 16 December 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, 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). 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. 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 your contentions that you truly believe that the record is an “error or injustice,” you were not offered or allowed a hearing before an administrative board, your reason for discharge states “UNKN” and this is an error or injustice because upon discharge you never received your Certificate of Release or Discharge from Active Duty (DD Form 214), and you could not have been informed of administrative discharge proceedings because you were incarcerated. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that the misconduct reflected in your record, as evidenced by your three NJPs, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. About your contentions, the Board noted that you were previously informed that you were not entitled to request a hearing before an administrative discharge board because of your request for separation for the good of the service in lieu of trial by court-martial. The Board further noted that on your DD Form 214, the separation code is “KFS,” which corresponds to a separation for the Good of the Service administrative discharge. In regard to your contention that you never received your DD Form 214, the Board noted that your DD Form 214 reflects that you refused to sign your DD Form 214. The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties. After careful consideration of your contentions, the Board concluded that your misconduct, which resulted in your request for an other than honorable (OTH) characterization of service discharge to avoid trial by court-martial, outweighed your desire to upgrade your discharge. Even under the liberal consideration standard, the Board found your misconduct warranted an OTH characterization of service 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, Executive Director