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

Docket No: 0574-18               
Ref: Signature date 


This letter 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 was 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.  Your request was carefully examined by a three-member panel of the Board, sitting in executive session on 24 April 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 15 June 1994.  On 2 February 1996, you received nonjudicial punishment (NJP) for sleeping on watch.  On 14 November 1997, you received NJP for wrongful use and possession of drugs.  Subsequently, administrative discharge action was initiated.  You were advised you could receive an under other than honorable conditions (OTH) discharge.  After being afforded all of your procedural rights, your case was forwarded to the separation authority with the recommendation that you receive an OTH discharge.  You received an OTH discharge 30 March 1998.

The Board carefully weighed all potentially mitigating factors, such as your request for a review and upgrade of your discharge. In addition, the Board reviewed your assertions that you served three years and nine months of honorable service. The Board considered your entire period of service as well as your desire to apply for a VA loan.  There were substantial portions of your record that were missing, however the Board was able to proceed under the presumption of regularity.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board concluded your mitigating factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs.  Furthermore, the Department of Veteran Affairs (VA) determines whether benefits can be provided for a period of military service and not this Board.  You may seek advice on your eligibility, their process, and their regulations at your local VA office. 

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,