Docket No: 11618-19 
Ref: Signature Date 

 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 for Correction of Naval Records, sitting in executive session, considered your application on 14 October 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, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You reenlisted in the Navy on 22 June 1990.  During the period from 2 December 1991 to 11 August 1993, you received three separate instances of non-judicial punishment (NJP) for disobeying a lawful order, disrespect to a superior petty officer, failure to obey an order or regulation, disrespect to a chief petty officer, insubordinate conduct toward a non-commissioned officer, and using provoking speech and gestures.  On 4 October 1993, you signed a single parent form (OPNAV 1740/0 stating you could not comply with meeting the single parent requirement and you would like to be separated from the Navy due to parenthood.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct/parenthood.  After you waived your rights, your commanding officer (CO) recommended a general under honorable conditions discharge by reason of misconduct due to pattern of misconduct/parenthood.  The discharge authority did not concur with your CO’s recommendation and directed a general under honorable conditions discharge by reason of misconduct due to pattern of misconduct.  On 13 December 1993, you were so discharged. 
 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contentions that you were told you could request an upgrade after six months and you need Department of Veteran Affairs (DVA) benefits.  However, the Board concluded that these factors were not sufficient to warrant relief in your case given your misconduct while in the Navy. 
 
In regard to the contention that you were told you could request an upgrade after six months, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically after six months, due solely to the passage of time.  Regarding your contention that you need DVA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
    
You are entitled to have the Board reconsider its decision upon 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,