DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 9627-17 
Ref: Signature date 

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 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 for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 12 January 2011.  On 23 January 2012, while you were station onboard the USS                  , Naval Criminal Investigative Service (NCIS) in                       was contacted by authorities at the                 State Police regarding civilian charges against you.  NCIS was asked to support the execution of an approved arrest warrant against you.  You were subsequently processed at NCIS and taken to        Sheriff’s Office.  On 4 February 2012, while being driving in a police transport operated by civilian authorities, you were involved in a serious vehicle accident and suffered significant injuries.  A subsequent command investigation determined that the injuries you sustained were incurred in the line of duty not due to your own misconduct.  On 24 July 2012, you were discharged from the Navy on the basis of Misconduct (Serious Offense), and received an other than honorable discharge and a reentry (RE) code of RE-4. 

In your petition to the Board, you request an upgrade to your discharge characterization from other than honorable to a “Medical Discharge/General.”  You reference the finding of the command investigation in support of your request and stated that the motor vehicle accident report finds that the injuries you received were incurred in the line of duty, not due to your own misconduct.  You imply that a medical discharge was appropriate given your injuries. 

The Board carefully reviewed your application and the accompanying information that you submitted in support of your request for correction to your record.  The Board noted that you were not separated from the Navy on the basis of the injuries you incurred, and that the line of duty determination is distinct from the administrative separation process that was initiated on the basis of misconduct.  The Board noted that your complete administrative separation package is not reflected in your available record; however, applying the presumption of regularity and taking into consideration the information reflected on your certificate of release or discharge from active duty (DD Form 214), the Board found that your discharge was predicated on misconduct that you committed during your period of enlistment.  When a Sailor may be discharged for misconduct and due to medical reasons, the misconduct may take precedence over a medical discharge.  The Board found that absent information establishing that you were improperly processed for administrative separation on the basis of misconduct, that your record does not contain an error or an injustice.  The Board found that corrective action is not warranted. 

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 submission of new matters. 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, 


5/14/2019