Docket No: 9859-18 
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 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 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 
25 July 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 27 October 1999. You served 
without disciplinary incident until 13 December 2001 when you received nonjudicial punishment 
for an unauthorized absence, willfully disobeying a superior commissioned officer, drunken or 
reckless operation of a vehicle, and two specifications of assault consummated by a battery. Your 
record is incomplete in that it also does not contain all of the documents pertaining to your 
administrative discharge but, based on a performance evaluation, the discharge authority’s 
message, and your Certificate of Release or Discharge from Active Duty (DD Form 214), it 
appears the discharge authority directed an administrative discharge by reason of misconduct due 
to commission of a serious offense with an other than honorable (OTH) characterization of 
service. On 9 May 2002, you were discharged. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and 
considered your contention that you were unjustly discharged. Specifically, the Board 
considered that you graduated in the top 10% of most of your classes and received accelerated 
advancement to E-4. The Board also considered that you have been a good and productive 
citizen for 17 years and are in need of healthcare benefits due to non-Hodgkin’s lymphoma 
cancer. Unfortunately, although you had some significant accomplishments during your career, 
the Board did not find evidence of an error or injustice that warrants upgrading your 
characterization of service. Based on your misconduct, the Board determined you were assigned 
an appropriate characterization of service. 

In its review of your DD Form 214, the Board noted an administrative error in block 12c. The 
block currently reads “02 SEP 12” but should denote number of months served and not “SEP”. 
The Board, by copy of this letter, has requested correction of the administrative error by 
Commander, Navy Personnel Command (NPC) (Code PERS-312), 5720 Integrity Drive, 
Millington, TN 38055-3120. 

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.