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

Docket No: 361-19 
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 13 February 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, together with all material submitted in support thereof from both you and your attorney, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 5 October 1994.  On 22 September 1997, you received a “Page 13” counseling warning documenting your third consecutive physical readiness program (PRP) failure.  On 26 September 1997, you were notified that you were being processed for a administrative separation from the naval service by reason of weight control failure as evidenced by your PRP test failures on 27 August 1996, 18 April 1997, and 22 September 1997.  You elected in writing to waive your rights to consult with counsel and to present your case to an administrative discharge board.  On 17 November 1997, consistent with your chain of command’s recommendation, you were discharged from the Navy with a general (under honorable conditions) (GEN) characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that your discharge was changed between 2003 and 2008 and that you used it to secure a Veterans Administration (VA) home loan, and that your discharge affects your eligibility for benefits.  However, the Board found that your contentions and mitigating factors were insufficient to upgrade your characterization of service or grant any other relief in your case given your PRP failures and inability to meet and maintain Navy physical readiness standards.  The Board also noted, contrary to your contentions, that there is no evidence in the record to suggest that your discharge characterization of service was previously upgraded between 2003 and 2008.  The Board observed that the record also shows that you were notified of, and waived, some of your procedural rights in connection with your administrative separation.  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.  Moreover, absent a material error or injustice, the Board generally will not summarily upgrade a discharge solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  Lastly, the Board observed that while much of your service was honest and faithful, the Board determined there remained significant negative aspects of your conduct and performance in your overall military record. Accordingly, under the totality of the circumstances, the Board determined that there was no material error or injustice in your GEN discharge. 
 
Additionally, the Board reviewed and considered your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 
 
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,