Docket No: 3906-21 
Ref: Signature Date 
 

Dear Petitioner: 
 
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.  A three-member panel of the Board, sitting in executive session, considered your application on 2 August 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 presented as new evidence, a personal statement regarding your discharge from naval service, expressing the grievous and vile treatment you received from your commanding officers and fellow sailors aboard .  You contend you were racially discriminated against while on active duty.  Furthermore, you contend you suffered a number of civil rights and constitutional violations.  After careful consideration of your statement and the above mitigating factors, the Board determined that the evidence you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable error or injustice.   
 
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 your desire to upgrade your characterization of service based on your contentions noted above.  In your personal statement, you noted racial injustices you experienced throughout your naval career despite your willingness to serve and defend the country as a young eighteen year old.  However, based upon this review, the Board concluded there was insufficient evidence to support your contentions that you were treated unfairly and abused by members of your command.  Additionally, the board determined your frequent misconduct heavily outweighed the above mitigating factors.  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,
 

8/20/21


Executive Director