DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 3280-19  
Ref: Signature Date 

Dear 

This is in reference to your application of 25 February 2019 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 30 January 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active service on 5 March 2013.  On 13 August 2015, you received non-judicial punishment (NJP) for an unauthorized absence and failure to obey an order or regulation.  On 23 September 2015, you received a second NJP for failure to obey an order or regulation.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to a pattern of misconduct.  After you waived your procedural rights, your commanding officer, the discharge authority, directed a general, under honorable conditions (GEN), discharge by reason of misconduct due to pattern of misconduct.  On 8 October 2015, you were discharged with a GEN characterization of service and assigned a RE-4 (not recommended for reenlistment) reentry code. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention you were unjustly discharged.  Specifically, you contend you were not given an opportunity to “go to court to present my case and clarify their accusations” nor were you provided a judge advocate general “to provide council as to my rights and their determinations.” The Board also considered your contention that you received NJP “due to a community service event that I had signed up for on a physical and electronic document, along with my entire team, that was routed through the entire chain of command and approved by Ops.”  You contend your department failed to notify your duty section of your approved participation.  The Board noted you consulted counsel when you received your administrative discharge notification on 23 September 2015 and waived all rights except your right to receive copies of all documentation.  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, restoring your paygrade, or correcting your reentry code.  Based on your misconduct, the Board determined you were justly discharged as an E-2 and assigned an appropriate characterization of service and reentry code. 

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, 

3/3/2020