Docket No: 924-20 
Ref: Signature Date 


This is in reference to your application of 18 December 2019 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 that 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 14 April 2020.  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. 

You enlisted in the Navy and began a period of active duty on 23 September 1987. You state in your application for correction that you served honorably through 2 July 1991.  You contend that after 19 April 1989, you started experiencing personal issues related to the explosion onboard the

You assert that you believe you would have completed your service honorably if not due to the incident.  You were discharged from the Navy on 5 July 1995, on the basis of misconduct and received an other than honorable characterization of service and a reentry (RE) code of RE-4.  Your Certificate of Release or Discharge (DD Form 214) reflects time lost from 28-29 March 1995, and 17 April 1995 to 15 May 1995. 

In your petition to the Board, you ask for an upgrade to your characterization of service from other than honorable to honorable.  You assert that the incident onboard the impacted your service, and ask that the first four years of your military service for which you earned an honorable characterization be taken into consideration.  You contend that medical assistance from Veterans Affairs is on hold pending the correction of your service characterization. 
The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your contention that you began to have personal problems following the explosion on the and your assertion that you served honorably for four years.  The Board noted that your available service record is sparse, and that detailed information about the misconduct which led to your other than honorable discharge is not reflected in the available records.  Absent information about your military performance and without additional information submitted for consideration by you, the Board relied on the information reflected in the DD Form 214, and the presumption of regularity.  The Board determined that there is insufficient information in your application to overcome the time lost as documented on your DD From 214, and the DD Form 214’s indication that you committed misconduct that led to an other than honorable discharge.  Based on the limited information available to the Board, the members concluded that there is insufficient evidence to establish an error or injustice that merits corrective action. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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.