Docket No: 10639-18 Ref: Signature date Dear 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 for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 9 September 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, together with all material submitted in support thereof, 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 11 September 2000. On 26 August 2005, you received nonjudicial punishment (NJP) for conspiracy to commit basic allowance for housing fraud. You subsequently reenlisted on 3 March 2014. On 25 September 2015, you received NJP for five specifications for failure to obey a lawful general order or regulation (sexual harassment policy), to at least one of which you pled guilty. Subsequently, administrative discharge action was initiated by reason of misconduct (serious offense). On 9 December 2015, an administrative board found that a basis for administrative separation existed, based on your pleading guilty at NJP as well as confirming you made the statements as testimony during the administrative board. The administrative board recommended a suspended separation. On 11 February 2016, you received NJP for threatening a commissioned officer and your appeal was denied. On 28 March 2016, the administrative board reconvened and recommended you be separated with a general (under honorable conditions) discharge and not be transferred to the IRR. No letter of deficiency was submitted, and your commanding officer (CO) concurred with the Board’s recommendation. You received a general discharge on 27 July 2016. The Board carefully weighed all potentially mitigating factors, such as request desire to either upgrade your discharge or be reinstated in the Navy, and assertions that, during the investigation of the alleged sexual harassment incident, the investigating officer (IO) did not allow you to write or edit your statement but instead bullied you into signing an incriminating statement the IO drafted from your point of view. You asserted that this deprived you of your right to submit statements on your own behalf. Had you been able to write your own statement, it would have clarified much of the ambiguity and confusion at the NJP. The Board also considered your assertions that the NJP and administrative board were based on incomplete, misleading evidence in the first NJP, and that you received NJP for threatening the recorder for your administrative board, which was merely a misunderstanding. The Board also considered your assertion that no investigation was conducted. Finally, the Board considered that you are a married father of four, welcomed two struggling teenagers into your home, that during the time of the alleged incidents, your wife and newborn baby were in and out of the emergency room, and your family was struggling financially. Also, the Board considered your whole Navy record, including that you honorable served prior to any reports of misconduct, repeatedly scored above standards on evaluations, were described as a “technical expert,” “superb manager,” and “community ambassador,” and that after the alleged behavior began, you were still recommended for retention. The Board considered your four good conduct medals and a retention excellence award. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, to which you pled guilty at NJP and for which you were separated, as well as the misconduct that resulted in three NJP’s. 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.