DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 DocketNo.1279-17 JUL 25 2011 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle 10 ofthe United States Code, section 1552. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute oflimitations and consider your application on its merits. A three­member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 5 April 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period ofactive duty on 25 June 1997. On 10 August 1998, you received non-judicial punishment (NJP) for disrespect towards a superior commissioned officer. On 12 April 1999, you received non-judicial punishment (NJP) for unauthorized absence and making a false official statement where one ofthe punishments awarded was to process you for administrative separation. On 29 April 1999, you were convicted at a summary court martial (SCM) for unauthorized absence, making a false official statement, and disrespect towards a superior commissioned officer. Subsequently, your command continued with administrative discharge proceedings where the separation authority recommended an other than honorable (OTH) discharge by reason of misconduct due to pattern ofmisconduct. The separation authority directed an OTH discharge by reason ofmisconduct and on 4 August 1999, you were discharged. The Board noted that your separation package was not included in your record. However, the Certificate ofRelease or Discharge from Active duty form (DD Form 214) that you were issued shows a separation code of"HKA", which is the code assigned for pattern ofmisconduct and Board waiver. In such cases, the Board is 'entitled to rely upon a presumption ofregularity, absent evidence to the contrary. The Board presumed, in the absence of your separation package, that you were afforded all ofyour procedural rights and the separation authority properly discharged you with an OTH. After careful and conscientious consideration ofthe entire record, the Board found that the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. The Board, in its review ofyour entire record and application, carefully weighed your desire to upgrade your characterization ofservice and contention that your misconduct was a result of your inability to disclose your sexual preference due to the Don't Ask, Don't Tell Act. However, the Board concluded these factors were not sufficient to warrant re-characterization of your discharge given the seriousness ofyour misconduct that resulted in multiple NJP's prior to being separated. Accordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director