DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3368-21/ 9892-15 Ref: Signature Date Dear Mr. : 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, considered your application on 9 June 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, 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 desire to upgrade your discharge. The Board also considered your contentions that: 1) your discharge was inequitable because “it was based on one isolated incident” in your “second enlistment;” 2) a correction to your record should be made because you served honorably for four years; you did not receive a DD Form 214 for this service because you were deployed; and 3) one incident should not have resulted in an other than honorable discharge, which is viewed by the Department of Veterans Affairs (VA) as a dishonorable discharge; with a “dishonorable discharge,” you are denied all of your VA benefits. You further contend that a panel of three members from the Department of the Navy combined all of your service into one isolated incident, which resulted in a dishonorable discharge; and you feel that you were not given an opportunity to defend this decision through either a general court-martial or other means of arbitration. The Board noted that according you your record, on 14 January 1991, you executed an extension of your enlistment for 26 months; there is no evidence in the record that you reenlisted. The Board further noted that you waived your right to consult with military counsel, submit a statement, or have your case heard by an administrative discharge board, which was your chance for retention, and an opportunity to earn a better characterization of service. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by four NJPs, which included wrongful use of a controlled substance, outweighed these mitigating factors. 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, 6/15/2021 Executive Director