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

Docket No: 6284-18 
Ref: Signature Date

Dear	:

This letter is in reference to your application of 27 June 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.

A three-member panel of the Board, sitting in executive session, considered your application on 10 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, and applicable statutes, regulations, and policies.

The Board carefully considered your request to remove from your official military personnel file (OMPF) all derogatory material that you received while onboard USS  ( ), and to restore your grade to petty officer second class. The Board considered your contention that, based on the Board’s decision (NR20160006406) to upgrade your characterization of service, additional corrections to your record may be warranted.

The Board noted that your record reflects that you admitted to an investigating officer your guilt to the charges of violation of Article 92, Uniform Code of Military Justice (UCMJ).

Consequently, you received non-judicial punishment (NJP) on 15 May 2004 for playing video games while on watch, and dereliction of duty. The punishment imposed consisted of a forfeiture of one-half pay per month for two months, restriction, extra duty for 30 days, and reduction in grade from petty officer second class (IC2; E-5) to petty officer third class (IC3; E- 4).  Both the forfeiture of pay and reduction in grade were suspended for six months. On 7 July 2004, you received an Administrative Remarks (Page 13) counseling. The entry provided written notification concerning your deficiencies, specific recommendations for corrective action indicating any assistance available, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.

On 12 January 2005, you received a second NJP for dereliction of duty while standing a sound and security watch. The punishment imposed consisted of reduction in grade from E-5 to E-4, restriction, and extra duty, which was suspended. On 17 March 2005, you received your third NJP for failing to go to your appointed place of duty and dereliction of duty. The punishment imposed is not contained in your record.

At the recommendation of an administrative discharge board (ADB) convened on 28 April 2005, you were processed for administrative separation due to a pattern of misconduct. Your commanding officer determined that you had “shown an inability to live within the boundaries of the regulations, which govern members of the military,” and on 24 June 2005, you were issued a general (under honorable conditions) discharge and a RE-4 (not recommended for reenlistment) reentry code.

On 16 April 2008, the Navy Personnel Command, for reasons unknown to the Board, reissued your Certificate of Release for Discharge from Active Duty (DD Form 214), changing your characterization of service to “under other than honorable conditions.” On 28 January 2011, the Naval Discharge Review Board (NDRB) denied your request to upgrade your characterization of service to “honorable” and determined that the characterization of “under other than honorable conditions” shall remain. A panel of this Board, however, determined that your characterization of service would be upgraded to “honorable,” noting that your NJPs addressed your misconduct, but that the characterization of service was unjust, concluding that you were being punished for behavior that was knowingly rampant throughout the ship.

Although a panel of this Board upgraded your characterization of service, this Board panel determined that you did not produce substantial evidence demonstrating the existence of a probable material error or injustice regarding the derogatory material in your OMPF. In this regard, you did not deny committing misconduct, and even admitted to an investigating officer that you were in violation of the UCMJ. Additionally, you were counseled regarding your misconduct and warned that “any failure to adhere to the guidelines…will make you eligible for administrative separation.” Regarding your 12 January 2005 NJP, in which you were reduced in grade, you were advised of your rights under Article 31, UCMJ, and your right to appeal the NJP, but you did not do so. The Board determined that your commanding officer acted reasonably in concluding, based on the evidence before him, that you committed the foregoing offense and reduction in grade was an appropriate punishment. Finally, the Board noted that the ADB essentially concurred with your commanding officer when it found that you committed misconduct and recommended separation.

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 that you 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.

Sincerely,