Docket No:8007-20 
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 4 January 2021.  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 UNSECDEF memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. §654). 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 2 May 2006.   On 5 October 2006 you admitted that you were homosexual.  Subsequently, administrative separation action by reason of Homosexual Conduct, was initiated against you.  On 10 October 2006 you waived counsel and requested to submit statements.  On 10 October 2006 your Commanding Officer (CO) recommended you be administratively separated with an honorable discharge.  On 19 October 2006 the Separation Authority directed administrative separation with an Uncharacterized (Entry Level Separation) characterization of service discharge, and on 30 October 2006 you were discharged.  On 17 July 2015, the Naval Discharge Review Board’s final decision rendered a decision that your Uncharacterized (Entry Level Separation) characterization of service shall remain, and changed your reentry code to RE-1 and narrative reason to Secretarial Authority.   
 
You requested an upgrade to your discharge characterization of service to Honorable.  In your application, you asserted you were discharged due to sexual orientation and want to get veterans points for Federal jobs.  The Board concluded your Uncharacterized (Entry Level Separation) characterization of service was issued without error or injustice, given the total time you had in service was less than 180 days, and discharge action was initiated prior to 180 days of service in order to render an honorable characterization of service.   
  
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,