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

Docket No: 5879-19                                                            
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 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. 

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 20 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 17 December 1992.  On 18 September 1997, you received nonjudicial punishment (NJP) for failure to obey a lawful order by engaging in a personal relationship with a junior enlisted sailor that was unduly familiar between November 1996 and January 1997.  On 19 October 1997, you were issued a written Letter of Reprimand (LOR), waived your right to appeal, and did not submit a statement for inclusion in your official record.  Your resignation paperwork included facts about your misconduct, including that the Enlisted Sailor warned you several times of her suicidal ideations, but you never made any effort to get her referred to a mental health professional.  On 14 April 1997, she telephoned you, and despondent over recurrent pain from migraine headaches and your termination of the affair, shot herself during the conversation.  On23 October 1997, you requested resignation in lieu of administrative separation processing.  On 20 January 1998, your resignation was approved.  On 28 February 1998, you were discharged with a general (under honorable conditions) characterization of service. 

You request the Board upgrade your discharge to honorable.  You assert your general discharge has haunted you.  You were helping a fellow shipmate in a critical time, and unfortunately, you were given your discharge as part of the agreement to separate from the military.  You claim you have always been a leader, mentor, and example for young people in the community as well as your peers.  You stated your discharge, although unknown to many, is a mark and a shortcoming in your adult life.  You apologized for breaking the rules, but do not agree that your service and personal sacrifice warrant your discharge remaining general (under honorable conditions).  In support of your petition, you attached documentation regarding your community service and awards. 

The Board carefully weighed all potentially mitigating factors, such as 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 your post-service accomplishments; however, 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, 


12/16/2019