DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10697-19 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 that 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 13 January 2020. 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 27 September 1995. From 26 April 1996 until 5 April 1997, you received eight written counseling chits for failure to shave, not being at your appointed place of duty, public intoxication, disrespect, lack of military bearing, and dereliction of duty. On 14 July 1997, you began a period of unauthorized absence (UA) that continued until you surrendered on 26 July 1997. On 8 August 1997, you received nonjudicial punishment (NJP) for UA and missing ship’s movement, and were awarded restriction, extra duties, and forfeitures of pay. On 13 August 1997, you were counseled regarding your deficiencies and advised that failure to take corrective action could result in administrative separation or judicial proceedings. From 2 December 1997 until 15 January 1998, you received four written counseling chits for failure to shave, failure to obey lawful orders, UA, and disrespect. On 19 February 1998, you received a second NJP for UA, having alcohol aboard ship, and defecating in an unauthorized area. You were awarded restriction, extra duties, forfeitures of pay, and reduction in rank. On 6 February 1998, administrative action was initiated to discharge you from the naval service due to your pattern of misconduct. 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 be separated with an other than honorable (OTH) characterization of service, and the separation authority approved your separation from the Navy. On 30 April 1998, you were so discharged. On 14 October 2010, the Naval Discharge Review Board (NDRB) informed you of their decision regarding your request to have your discharge upgraded. The NDRB determined that your discharge was proper as issued and no change was warranted. You request the Board upgrade your characterization of service to general (under honorable conditions). You assert you were young, had not been raised to make good decisions, and joined Navy to get away from a “bad life.” You state that you did not drink alcohol prior to being in the Navy, but you gave into peer pressure, and the weight of your responsibilities led to self-medicating with alcohol. You claim you faced racial discrimination that impaired your ability to properly serve because you were “a white man from the south married to a black woman,” you were ridiculed for your accent, and called names. You state that you were diagnosed with anger issues, but only allowed to attend treatment one time. Additionally, you claim you had physical problems, received waivers from physical fitness training tests due to pain in your knees, and should have been given a medical discharge. Lastly, you state you have been a good citizen since your discharge. In support of your petition, you attached a copy of your 30 October 2019 statement in support of a VA claim, and a statement from your spouse. The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, and concluded that these factors were insufficient to warrant a change to your discharge, given your misconduct that resulted in two NJPs despite numerous counselings and opportunities to correct your deficiencies. With respect to your contentions that you were subjected to racial discrimination, were denied anger issues counseling, and should have received a medical discharge, the Board noted that you provided no evidence to support your contentions. 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. Lastly, 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. Sincerely, 1/29/2020