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

Docket No:  11513-19 
Ref: Signature date 

Dear : 

This is in reference to your application for correction of your son’s 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, the application has been denied.
 
Although the 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 the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 19 May 2020.  The names and votes of the members of the panel will be furnished upon request.  The 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 the application, together with all material submitted in support thereof, relevant portions of your son’s naval record, and applicable statutes, regulations, and policies.
 
Your son enlisted in the Navy and began a period of active duty on 27 February 1984.  On 12 March 1987, he received nonjudicial punishment (NJP) for unauthorized absence (UA).  On 15 May 1987, he again received NJP for UA.  On 12 June 1987, he was convicted at a Summary Court-Martial for failure to obey a lawful order.  Subsequently, administrative discharge action was initiated by reason of misconduct -commission of a serious offense. On 16 June 1987, he waived his right to consult with counsel and his right to present his case to an administrative discharge board.  After being afforded all of his procedural rights, the case was forwarded to the separation authority for review.  On 6 July 19897, your son’s Commanding Officer (CO) recommended that he receive an other than honorable (OTH) discharge.  On 29 July 1987, the separation authority concurred with his CO’s recommendation and directed that he be separated with an OTH discharge.  Your son received an OTH discharge on 5 August 1987.

The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your son’s discharge, and assertions that you asked for this correction in response to a Department of Veterans Affairs (VA) letter that determined his military service was Honorable and their determination was that he was entitled to all benefits and honors afforded by his Honorable discharge status.  The Board concluded these factors and assertions were not sufficient to warrant a change to his discharge given his misconduct, which resulted in two NJPs and a Summary Court-Martial conviction.  Regarding your contention that your son’s naval record should be changed to reflect the same characterization of service that was given by the VA, the VA only has the authority to recharacterize your son’s service for their purposes.  In other words, the VA does not have any jurisdiction to change your son’s naval record. 

It is regretted that the circumstances of the 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,