DEPARTMENT OF THE NAVY 

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


Docket No: 040-18 
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 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 the merits. A three-
member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 7 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, 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 6 July 2001. Your record is 
incomplete in that it does not contain a record of misconduct or any documents pertaining to your 
administrative discharge. Based on your Certificate of Release or Discharge from Active Duty 
(DD Form 214), however, it appears you submitted a written request for discharge for the good of 
the service to avoid trial by court-martial. Prior to submitting this request, you would have been 
required to confer with qualified military counsel, at which time you would have been advised of 
your rights and warned of the probable adverse consequences of accepting such a discharge. 
Your request was granted, and your commanding officer was directed to discharge you for the 
good of the service with an other than honorable (OTH) characterization of service. As a result, 
you were spared the stigma of a court-martial conviction, as well as the potential penalties of a 
punitive discharge. You were discharged on 24 October 2003. 

The Board, in review of your application, carefully weighed all potentially mitigating factors, 
your desire to upgrade your discharge in order to use educational benefits, and your contention 
you never committed misconduct. You further contend you appealed a Department of Veterans 
Affairs (VA) decision and were granted all benefits. In light of that VA decision, you indicate 
that this is for reconsideration of a prior appeal of case docket number 09-30 289 dated 
28 October 2016. The Board received no copy of that decision and has no record of that 
docketed case with this Board, accordingly it is understood to be a VA decision with no authority 
over this Board. The Board concluded there was insufficient evidence to overcome the 
presumption of regularity of your discharge characterization and no material error or injustice 
warranting an upgraded characterization of service. 

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, 

5/21/2019