DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 3557-21  
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. 

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 case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 5 August 2021. 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, 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). 

A review of your record shows that you entered active duty with the Navy in January 2001. Non-judicial punishment was imposed on you on 8 August 2002, 16 January 2003, and 11 August 2004 for various misconduct including unauthorized absence, missing movement, insubordination, orders violation, disorderly conduct, and impersonating a commission officer, warrant officer, noncommissioned officer, or petty officer. As a result of your last non-judicial punishment, you were processed for administrative separation and discharged on 31 August 2004 for commission of a serious offense with a General characterization of service. On 12 March 2009, the Naval Discharge Review Board denied your request for an upgrade to your characterization of service. You provided evidence that the Department of Veterans Affairs (VA) has assigned you a 100% disability rating effective 1 December 2020. 

The Board carefully considered your arguments that you deserve an upgrade to your characterization of service. You assert that you were unfairly discharged for providing alcohol to an underage Sailor because you did not force the Sailor to drink the alcohol. Further, you rely on your VA rating as mitigation evidence. Unfortunately, the Board disagreed with your rationale for relief. 

In reviewing the evidence in your case, despite the lack of a mental health diagnosis, the Board applied liberal consideration to the facts of your case based on your assertion that you currently suffer from a mental health condition and possess a 100% VA disability rating. However, despite the application of liberal consideration, the Board determined your misconduct was too serious to be mitigated by your post-discharge mental health diagnoses. Specifically, the Board noted that you committed multiple offenses during your active duty service that qualified for a punitive discharge under the Uniform Code of Military Justice. The Board also noted that several of your offenses were the type to severely impact good order and discipline with your command. As a result, the Board determined that you already received a large measure of mitigation based on your assigned General characterization of service. Finally, the Board took into consideration that you are in receipt of substantial VA benefits and refused rehabilitation treatment prior to your discharge from the Navy. These combined factors led the Board to conclude that the preponderance of the evidence does not support a finding than an error or injustice exists in your case to merit an upgrade to your characterization of service. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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, 
8/9/2021