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

Docket No. 5624-19 
Ref: Signature Date 

Dear , 

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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 18 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, relevant portions of your naval record and applicable statutes, regulations and policies. 

You requested a correction to your DD Form 214, Certificate of Release or Discharge from Active Duty dated 31 January 2017 to modify the net active service and total prior active service to reflect prior enlistments.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded you do not meet the criteria for the requested correction in accordance with Bureau of Naval Personnel Instruction (BUPERSINST) 1900.8D.  Specifically, BUPERSINST 1900.8D indicates a DD Form 214 will not be issued for personnel who are discharged for immediate enlistment or reenlistment on active duty.  Additionally, block 12c (net active service this period) of DD Form 214 reflects total active duty service from the date of entry onto active duty until date of discharge, minus any lost time.  Block 12d (total prior active service) reflects periods of service completed prior to the current entry onto active duty.  A review of your record indicates your active duty service date was 21 September 2004, and you received a bad conduct discharge on 31 January 2017 with 1-year, 2-months and 13-days of lost time, and no active duty service prior to 21 September 2004.  However, the Board concurred there is an error pertaining to the calculation of block12c on your DD Form 214, but that is an administrative correction that can be completed by Navy Personnel Command (PERS-312).  You may contact PERS-312 at 901-874-3417 for assistance with this matter. 

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 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,