Docket No: 6520-19 
Ref: Signature date 
 

Dear : 
 
This letter 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 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 6 January 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. 
 
You enlisted in the Navy and began a period of active duty on 11 June 1996.  On 12 September 1997, you received nonjudicial punishment (NJP) for two periods of unauthorized absence (UA), disrespect to a petty officer, failure to obey a lawful order from a  petty officer, and dereliction in the performance of your duties in that you willfully failed to remain awake during working hours.  Six days later, on 18 September 1997, you received a second NJP for three specifications of UA.  On 20 February 1998, you received a third NJP for three periods of UA: from 12-15 December 1997; from 20-26 January 1998; from 6-17 February 1998; and on 31 December 1997 at 0730 (when you were required to be at medical), and for a false official statement, specifically, “I went to sick call.”  On 24 February 1998, you were notified of administrative proceedings to separate you from the naval service due to your pattern of misconduct and commission of a serious offense.  You were advised of, and waived, your procedural rights, including your right to appear before an administrative discharge board (ADB).  The Commanding Officer,  recommended that you be separated on the basis of a pattern of misconduct and commission of a serious offense, and that you receive an other than honorable (OTH) characterization of service.  The separation authority agreed with the recommendation.  On 3 April 1998, you were discharge from the Navy on the basis of a pattern of misconduct, and received an OTH characterization service and a reentry (RE) code of RE-4. 
 
In your petition to the Board, you ask for an upgrade to your characterization of service from OTH to honorable.  You provide background information stating that you entered the Navy at age 17, shortly after your parents’ divorce.  You contend that you were young and “hardheaded.”  You ask that the Board consider that you risked your life and served your country during the .  Finally, you noted that you were discharged more than 20 years ago, that you have learned your lesson, have built a career with  company, and that you can support a Veterans Affair (VA) loan. 
 
The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your youth and your service in the .  The Board also noted that you have maintained successful employment following your time in the military, and that you would like to avail yourself of a VA loan.  However, the Board found that the mitigating circumstances and your post-discharge conduct does not overcome the pattern of misconduct reflected by your three NJPs for multiple infractions.  The Board determined that prior to your discharge, you were properly notified of administrative procedures against you, and that you were afforded the opportunity to appear before a board to advocate to stay in the Navy or to receive a general (under honorable conditions) or honorable characterization of service.  However, the Board concluded that your other than honorable discharge was properly issued and found that the frequency of your misconduct supported your current characterization of service.  
 
Regarding your contention that you desire a VA loan, there is no provision in law or regulations that allows for re-characterization of a discharge due solely to the desire to obtain benefits or due to the mere passage of time.  Whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the VA.  Accordingly, the Board found that your record does not reflect either a material error or an injustice. 
 
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.