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

Docket No: 1573-19 
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 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 21 October 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.

Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to its understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record.

You enlisted in the Navy and began a period of active duty on 15 September 2000. On 3 March 2006, you received nonjudicial punishment (NJP) for wrongful use of marijuana. You were awarded forfeiture of pay and reduction in rank to E-4. On 27 March 2006, you were counseled that you were not recommended for reenlistment, assigned a restrictive reentry code, and were discharged from the naval service with an other than honorable (OTH) characterization of service. On 15 September 2008, the Naval Discharge Review Board (NDRB) notified you of their decision regarding your request for an upgraded discharge and change of narrative reason based on your record of service and your post-service accomplishments. The NDRB determined relief was not warranted and your characterization of service and narrative reason should remain.

You requested the Board upgrade your discharge. You asserted that the discharge on your letter of summary of benefits needed to be corrected as it currently reads that your discharge is dishonorable.  You stated that you had an honorable discharge for the period of 15 September 2000 to 14 September 20004 and an OTH for the period of 15 September 2004 to 27 March 2006. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions. However, the Board concluded that these factors were insufficient to warrant a change to your discharge given your misconduct. Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy. However, the Board noted that you provided no evidence to support your contentions. Absent of 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. The Board believes that you may be eligible for Veterans’ benefits that accrued during your first period of service. Whether or not you are eligible for benefits based on either period of service is a matter under the cognizance of the Department of Veterans Affairs (DVA). If you have been denied benefits, you may appeal that denial under procedures established by the DVA.

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,