DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2683-19 Ref: Signature Date This 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 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 29 August 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You reenlisted in the Navy on 17 June 2011. You received nonjudicial punishment on 17 April 2012 for failing to go to your appointed place of duty and dereliction of duty. On 21 April 2012, you were arrested by civilian authorities for driving under the influence with a blood alcohol content of 0.181. On 3 May 2012, you were convicted by summary court-martial for failure to obey a regulation, breaking restriction, and drunken or reckless operation of a vehicle. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. After waiving your procedural rights, your commanding officer (CO) recommended you be discharged with an other than honorable (OTH) characterization of service due to misconduct. The discharge authority approved this recommendation. On 7 June 2012, you received an OTH discharge. The Board carefully reviewed your application, weighed all potentially mitigating factors, such as your request to upgrade your discharge and your contentions that you served time in jail for committing a crime, have been punished by the Navy, and can’t seek help you need from the Department of Veteran Affairs (VA). Specifically, you contend you have been seeking help from the VA since your discharge but have been unsuccessful. You further contend you have “served your time in jail” for the crime you committed and have “been punished by the Navy”. The Board, noting you did not submit any supporting documentation, post-service information, or advocacy letters, did not find evidence of an error or injustice that warrants upgrading your characterization of service. Based on your misconduct, the Board determined you were assigned an appropriate characterization of service. The Board also noted your correction to your Certificate of Release or Discharge from Active Duty (DD Form 215) states you served honorably from 16 December 2008 until 16 June 2011. This period of active service may qualify you for VA benefits, which the VA may determine under its rules. 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, 10/8/2019