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

Docket No:  8900-19               
Ref: Signature date 

This is in reference to your application of 5 September 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 for Correction of Naval Records, sitting in executive session, considered your application on 3 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 enlisted in the Navy and began a period of active duty on 24 May 1995.  On 15 January 1997, you received non-judicial punishment (NJP) for conduct prejudicial to good order and discipline.  On 5 August 1997, you received NJP for two specifications of failure to obey an order or regulation.  Subsequently, an administrative action to separate you from the naval service was initiated for misconduct.  On 5 August 1997, you were served notice of the administrative proceedings.  On 26 August 1997, you waived your right to counsel and to present your case to an administrative discharge board.   On 2 September 1997, your Commanding Officer (CO) recommended you be separated with a general (under honorable conditions) characterization of service. On 12 September 1997, the separation authority concurred, and approved your discharge with a general (under honorable conditions) characterization of service. On 19 September 1997, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and reentry code, and assertions that “Don’t Ask Don’t tell” was unjust and against your human rights.  Additionally, the Board considered your assertions that you were unable to finish your enlistment and are unqualified to receive VA medical insurance. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct onboard a Navy vessel, which resulted in two NJPs.  The Board noted that eligibility for VA benefits is a question for the VA to determine. 

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, 


3/17/2020