Docket No: 2816-21/ 8432-13 
Ref: Signature Date 

 
Dear 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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.     
 
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application.  A three-member panel of the Board, sitting in executive session on 26 May 2021, has carefully examined your current request.  The names and votes of the members of the panel will be furnished upon request.  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, 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). 
 
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 personal statement and letter from the Department of Veterans Affairs (DVA).  After careful and conscientious consideration of the entire record, the Board determined that the documentation that you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice.   
 
With regard to your contention that your Bad Conduct Discharge was removed and upgraded to an Honorable discharge by the DVA, the Board noted that the DVA only has the authority to re-characterize your service for purposes of determining eligibility for DVA benefits.  The DVA does not have the authority or ability to change your naval record. 
  
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, 
 
                                                                               

6/3/2021

Executive Director