Docket No: 3679-21 
Ref: Signature Date 

Dear: 
 
This is in reference to your application for correction of your husband, 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 16 July 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 husband enlisted in the Naval Reserves on 18 October 1978.  On 14 November 1978, he began a period of active duty service.  On 11 November 1981, your husband was discharged with an honorable characterization of service by reason of expiration of enlistment.  On 12 November 1981, your husband reenlisted in the Navy and began a second period of active duty.  On 30 November 1990, your husband was discharged with an honorable characterization of service by reason of secretary plenary authority.      
 
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 contentions that: (a) the separation date reflected on your husband’s Certificate of Release or Discharge from Active Duty (DD Form 214) is incorrect in the system; and (b) this error has delayed your husband’s request for aid and attendance.  The Board noted that you did not provided additional information as to what system needed to be corrected even after this information was requested.  Accordingly, under the totality of the circumstances, the Board in its review discerned no probable material error or injustice your husband’s record.  
 
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, 

8/10/21

Executive Director