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

Docket No. 2847-19  
Ref:   Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 with attachments 

1.  Pursuant to the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting that his characterization of service and narrative reason for separation be changed. 

2.  The Board, consisting of     , 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, relevant portions of Petitioner’s naval records, and 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 limitation and review the application on its merits. 

c.  Petitioner enlisted in the Navy and began a period of active duty on 21 February 1991.  Unfortunately, Petitioner’s administrative separation documentation is not located in his record.  Based on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214), he was discharged on 30 October 1996, with a general (under honorable conditions) characterization of service by reason of misconduct. 

d.  The record shows that on 30 October 1996, Petitioner was discharged with a general (under honorable conditions) characterization of service due to misconduct.  However, the DD Form 214 incorrectly reflects Petitioner’s period of service as 21 February 1991 to 30 October 1996 vice his first enlistment from 21 February 1991 to 6 April 1995, with an 
honorable characterization of service and the second enlistment 7 April 1995 to 30 October 1996 with a general characterization of service. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief.  The Petitioner has an honorable enlistment from 21 February 1991 to 6 April 1995 and his DD Form 214 should reflect his first period of enlistment as honorable.  The DD Form 214 incorrectly puts both periods together as one enlistment.
 
In regard to Petitioner’s request to change his character of service and narrative reason for separation, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.  Under the totality of the circumstances, the Board, in its review, determined that there was no probable material error or injustice in Petitioner’s characterization of service. 

RECOMMENDATION: 

In view of the foregoing, the Board finds the existence of an error and injustice warranting the following corrective action: 

That Petitioner’s naval record be corrected to reflect two separate enlistments.  Petitioner’s first enlistment from 21 February 1991 to 6 April 1995 with an honorable characterization of service and the second enlistment from 7 April 1995 to 30 October 1996 with a general characterization of service, and that he should be issued a new DD Form 214 with correction to the Remarks Section (Block 18), listing his honorable period of prior service. 

No further changes be made to Petitioner’s record. 

A copy of this report of proceedings be filed in Petitioner’s naval record. 

Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 6 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 

Sincerely,