Docket No: 10942-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application of 12 November 2018 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 10 December 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active service on 21 November 1996.  On 16 July 1998, you received an evaluation covering the period from 22 December 1997 to 15 June 1998, which stated you were counseled and given an EMI on numerous occasions due to being late for quarters, improper watch standing, and disrespecting a senior petty officer.  On 6 February 2001, you received non-judicial punishment (NJP) for three specifications of failure to obey a lawful order from a senior chief petty officer by failing to plot the landmasses on the DTR, failure to plot the necessary information, and failure to plot data.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to commission of a serious offense.  After you waived your rights, your commanding officer (CO) recommended a general under honorable conditions discharge for misconduct due to commission of a serious offense.  The discharge authority approved this recommendation and directed a general under honorable conditions discharge by reason of misconduct.  On 20 February 2001, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your post service conduct, college transcripts, resume, and your desire to upgrade your discharge and receive Purple Heart Benefits.  The Board also noted your contentions that your chain of command discriminated and conspired against you as evidenced by the denial of your right to submit/request documents and gain response.  The denial of access tools which were detrimental in accomplishing your job in a timely and proficient manner.  The denial of your right to file rebuttals to negative evaluations of your job performance.  The denial of choice aspects of training which would enhance rate proficiency.  The wrongful seizure of personal items and the exploitation of those items with the intent of inflicting financial inadequacy.  Subtle forms of harassment with intent of poisoning your morale.  The denial of key watch positions even after you had ascertained the proper qualification.  The denial of qualification documents which would give you the right to hold higher positions and qualify for advancement.  The denial of your right to file grievance documentation.  The denial of medical treatment.  Violation of your privacy in the release of medical documentation and the like which have contributed to a hostile work environment.  Outright conspiracy to sabotage your intentions to extend, advance, and progress in your career.  The Board, however, concluded that your contentions and documentation were insufficient to establish the existence of probable material error or injustice.  
 
Regarding your contentions, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to present your evidence, and advocate for retention or a more favorable characterization of service. 
 
Regarding receiving Purple Heart Benefits, the Board noted that the evidence of record did not show that you were ever entitled, recommended, or qualified for the Purple Heart, and you submitted no evidence that would support your claim. 
 
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.