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

Docket No: 4140-19               
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. 

Your application was filed in a timely manner and the Board found it in the interest of justice to consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 25 November 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, together with all material submitted in support thereof, 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 duty on 27 February 2018.  During basic training, between 5 March 2018 and 10 April 2018, you received eleven negative performance remarks.  On 26 April 2018, you received nonjudicial punishment (NJP) for violating the Uniform Code of Military Justice, Article 113, Misbehavior of Sentinel or Lookout for sleeping on your post.  Subsequently, administrative discharge action was initiated by reason of Misconduct due to Commission of a Serious Offense.  On 8 May 2018, after being afforded all of your procedural rights, you waived your right to consult with counsel, and your case was forwarded to the separation authority for review. You received an Entry-Level discharge on 4 June 2018. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that there were unjust decisions, petty entries on your evaluations, you were harassed by recruits and staff, and there were eyewitnesses.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP.  The Board noted you provided no statements or other evidence of the alleged injustices or harassment. 

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, 


12/31/2019