Docket No: 8017-20            
 
 
Dear Petitioner: 
 
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 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 12 July 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 the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy and began a period of active duty on 4 December 1996.  On 4 June 1999, you received nonjudicial punishment for failing to go to your appointed place of duty and failing to obey a lawful order.  On 20 July 1999, you again received nonjudicial punishment for failing to go to your appointed place of duty and failing to obey a lawful order.  According to the records available in your official military personnel file (OMPF), on 9 September 1999, you were provided a written counseling record notifying you that your discharge characterization would be general (under honorable conditions) based upon misconduct in during your service, and on 14 September 1999 you were so discharged. 
 
The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo.  You contend that if you actually committed the offense, you should have received an other than honorable discharge, but your command felt sorry for you and they tried 
to do you a favor by giving you a general discharge.  You ask that this discharge be changed because you are a great citizen and you deserve this to be changed.  In review of all of your materials, the Board did not find an error or injustice in your record warranting relief.  The Board carefully reviewed your petition and your service record, and observed that the complete discharge paperwork does not appear to be in your OMPF.  In such cases the Board applies a presumption of regularity in the affairs of the Navy.  In your case, the Board noted that you had received nonjudicial punishment for serious offenses.  As you correctly note, your command had the option to process you for administrative separation based on the commission of a serious offense and seek an other than honorable characterization of service.  Instead, it appears that your command processed you in a fashion by which you obtained a general (under honorable conditions) characterization of service.  The Board determined that, in light of the fact that during your enlistment you received nonjudicial punishment on two occasions, and they included the commission of serious offenses, there was no error or injustice in the assignment of your discharge characterization.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   

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, 
									7/15/2021
									Executive Director