DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9435-18 Ref: Signature date Dear 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although you did not file your application 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 12 August 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 19 July 1994. On 30 July 1997, you received nonjudicial punishment (NJP) for failure to obey orders and false official statement. You received an evaluation report for the period of 11 February to 15 July 1997, with an individual trait average of 1.83 (on a 1 – 5 scale, with “1” being the lowest rating) and comments including: “Member has demonstrated an inability to adapt to the Navy’s Core Values and military requirements and is not recommended for retention.” You received an evaluation report for the period of 16 to 30 July 1997, with an individual trait average of 2.0 and comments including: “overall performance below standard; requires constant supervision; inability to concentrate on work due to extensive personal problems; unsatisfactory uniform appearance; numerous counseling sessions have failed to have positive improvements; failed to demonstrate minimum requirements in the YN rating; failed to demonstrate the ability to adapt to Navy Core Values; not recommended for retention.” You received an evaluation report for the period of 31 July 1997 to 15 January 1998, with an individual trait average of 2.0 and comments including: “Lacks motivation to complete assigned tasks and often fails to meet deadlines; has not completed prerequisites for advancement; performance marked by inconsistency and inattentiveness; counseling sessions on sub-standard performance resulted in short-term improvement, despite being given ample opportunity to correct deficiencies; counseled on unsatisfactory uniform appearance; continues to be an administrative burden to command/Navy; not recommended for retention.” You did not submit rebuttals in response to any of the foregoing adverse performance evaluations. On 25 February 1998, administrative discharge action was initiated to separate you from the naval service by reason of unsatisfactory performance. After being afforded all of your procedural rights, you waived them and your case was forwarded to the separation authority for review. Your commanding officer recommended that you receive a general (under honorable conditions) characterization of service and the separation authority approved your separation from the Navy. On 23 March 1998, you received a general discharge. You request the Board upgrade your discharge to honorable. You assert that your focus for many years was on your son and working to support his needs, but now that he is in college your focus has shifted and you “cannot let this injustice go any longer.” You contend that while on active duty your superior made biased and unfair statements to you. You state that you were a victim of domestic violence, but feared reporting it due to threats of being declared an unfit mother and losing your son. You state that you reported to work with visible signs of physical abuse more than once, and that your former spouse threatened to kill you. You state that you sought help via counseling, and said that you were advised to either remain with an abusive spouse or return to your parents. You state that your post-service accomplishments include becoming an LPN, and raising your son with no financial support or contact with from his father. Lastly, you acknowledge that you never reported any inappropriate actions or statements of your superior up until now. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions, and concluded that these factors were insufficient to warrant a change to your discharge. The Board noted that you provided no evidence to support your contentions, and there is no such supporting evidence in your service record. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. Your in-service performance evaluations support the basis for your administrative separation and the characterization of the discharge you received. Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 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.