Docket No: 3996-19 
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. 

A three-member panel of the Board, sitting in executive session, considered your application on 26 March 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy on 5 February 2015.  Your record is incomplete in that it does not contain all the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), the separation authority directed your discharge with a general, under honorable conditions (GEN) characterization of service by reason of misconduct due to commission of a serious offense.  You were discharged with a GEN characterization of service on 28 November 2017. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were separated from service before having a chance to “prove your innocence” in civilian court.  Specifically, you contend the civilian court found you “not guilty” of abusing your family members and assault on 18 December 2017, twenty days after your involuntary discharge.  The Board also considered your contention that the orders you allegedly disobeyed should not have been considered lawful orders.  Lastly, the Board considered the advocacy statements you submitted which recommended retention, spoke of your work ethic and professional knowledge, and described your initiative, hard work, and perseverance.  Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 

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.