Docket No: 2500-19 
Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
Subj: REVIEW OF NAVAL RECORD 
Ref:  (a) 10 U.S.C. § 1552 
      (b) SECNAVINST 1910.4B 
Encl: (1) DD Form 149 w/ attachments 

1. Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed the  enclosure with the Board for Correction of Naval Records (Board) requesting a change to his naval record, specifically, to amend his Characterization of Service from “None” to “Honorable.” 

2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 March 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, naval records, as well as applicable statutes, regulations, and policies. 

3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b.  Although the enclosure was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits. 

c.  Petitioner enlisted in the Navy on 19 May 1976.  According to the information in the record, at an unspecified time, Petitioner’s enlistment into the Navy was considered to be void pursuant the holding of a case before the U.S. Court of Military Appeals.  As a result, Petitioner was discharged on 18 October 1977. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presume that he was properly discharged from the Navy.  However, the Board concluded that an error occurred due to Petitioner’s Certificate of Release or Discharge from Active Duty(DD 214) shows Petitioner did not receive a characterization of service.  In this regard, the Board concludes that the record should be corrected to show that Petitioner received an honorable characterization of service on 18 October 1977. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 

RECOMMENDATION: 

That Petitioner’s naval record be corrected to show that he was issued an honorable discharge on 18 October 1977, vice not receiving a characterization of service on that day. 

That Petitioner be issued a new DD Form 214. 

That a copy of this Report of Proceedings be filed in Petitioner’s naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 16 March 2019. 

4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 

5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.