Docket No: 8747-20
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 3 February 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 8 September 2009.  You subsequently completed this enlistment with an honorable characterization of service on 24 February 2013 and reenlisted on 25 February 2013.  The record reflects that on 7 June 2018, you received non-judicial punishment.  Additionally, your Evaluation Report and Counseling Record (FITREP) ending 7 June 2018, reflects that your recommendation for advancement was withdrawn due to your suspected violations of the Uniform Code of Military Justice.  Your record is incomplete in that it does not contain all of the information pertaining to you separation from the Navy.  However, based on your Certificate of Release or Discharge from Active Duty (DD Form 214) on 28 December 2018, you were administratively discharged from the naval service with an honorable character of service by reason of Disability, Temporary (TDRL).   

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 change your separation date, and contention that you were not informed of your DD Form 214 and were not able to sign it.  You further contend that as a result of not being informed of your discharge, you continued work until 28 March 2019; and you reported to muster and received a paycheck up until that date.  You assert that your supervisors can attest to you working until 28 March 2019.  You were not given an option to sell leave days back to the government resulting in loss of potential funds.  The Board noted that there is no evidence in the record to support your contentions, and the evidence you submitted was insufficient to support your contention.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  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, will presume that they have properly discharged their official duties.  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 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,