Docket No: 2649-21 
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 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 14 May 2021.  The names and votes of the panel members 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 the 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, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy and began a period of active duty on 17 August 1993.  On 14 July 1994, you received nonjudicial punishment (NJP) for drinking under age.  On 26 October 1994, you received a second NJP for a general article violation.  On 27 January 1995, you were apprehended by civil authorities (CA).  On 6 April 1995, you were released from CA confinement and returned to military authorities.  On 20 April 1995, you received a third NJP for disobeying a lawful order from a petty officer, and failure to obey a lawful order.  On 16 May 1996, you were notified about the initiation of administrative separation proceedings by reason of misconduct due to pattern of misconduct.  On 20 August 1996, you elected to waive all your procedural rights.  On 27 August 1996, your commanding officer (CO) recommended an other than honorable discharge (OTH) by reason of misconduct due to pattern of misconduct.  On 12 September 1996, the discharge approval authority ordered an OTH discharge by reason misconduct.  On 20 September 1996, you were discharged.  On 18 July 2019, the Board for Corrections of Naval Records (BCNR) denied your request for a discharge characterization upgrade.      
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your contention that you come from a military family and you know the difference between right and wrong.  The Board noted you did submit a letter indicating the decision ratings from the Department of Veterans Affairs to be considered.    Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs and apprehension by , outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
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, 


Executive Director