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

Docket No: 5316-19                                                            
Ref: Signature Date 

This is in reference to your application of 15 May 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 7 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 19 February 1992.  On 29 October 1997, you received non-judicial punishment (NJP) for wrongful use of a controlled substance.  You were awarded forfeiture of pay (suspended for six months), restriction, extra duties, and reduction in rank to E-4.  On 2 December 1997, the suspended portion of your NJP sentence was vacated and you were pending charges.  Subsequently, you requested a good of the service separation in lieu of trial by court-martial (GOS/SILT). Your record is incomplete in that it does not contain all of the documents pertaining to your administrative discharge.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears you submitted a written request for discharge for the good of the service to avoid trial by court-martial.  Prior to submitting this request, you would have been required to confer with qualified military counsel, at which time you would have been advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  Your request was granted and your Commanding Officer was directed to issue an other than honorable (OTH) discharge for the good of the service.  As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of a punitive discharge.  On 5 June 1998, you were discharged with an under other than honorable (OTH) characterization of service. 

You request that the Board upgrade your discharge.  You claim that your characterization of service is incorrect because you were awarded Sailor of the Quarter and Sailor of the Year.  You stated your service record was “spotless” and the problem you had was not service related, but rather a personal mistake made while you were going through a crisis.  The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  The Board noted that you provided no evidence to support your contentions.  Although your record is incomplete, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and in good faith.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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, 


11/29/2019