DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
                 
Docket No: 3939-21 
Ref: Signature Date 
 
Dear Petitioner: 
 
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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 2 December 2020.  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 determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 28 May 1996.  From the period beginning on 21 January 1998 to 17 October 1998 you received non-judicial punishment (NJP) on three occasions for the following offenses:  failure to maintain sufficient funds on five occasions, three specifications of dereliction of duty, being disrespectful in language, and failure to go to your appointed place of duty.  On 24 October 1998, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to pattern of misconduct, and misconduct due to the commission of a serious offense.  On the same day, you waived your right to consult with counsel and to have you case reviewed by an administrative discharge board.  On 30 October 1998, your commanding officer forwarded your package to the separation authority recommending your discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to the commission of a serious offense and due to a pattern of misconduct.  On 1 November 1998, the separation authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to the commission of a serious offense, pursuant to the Military Personnel Manual (MILPERSMAN), section 1910-142, and on 4 December 1998, you were so discharged..  Your Certificate of Release or Discharge from Active Duty (DD Form 214) erroneously reflects MILSPERMAN 1910-146 as your separation 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 desire to upgrade your discharge as a matter of clemency.  You attribute your misconduct to your youth, and you state that you take pride in the fact that you were a Sailor.  You expressed regret for your misconduct while serving in the Navy and request forgiveness from the Board.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board noted the severity of your repeated misconduct, and determined that you failed to provide sufficient evidence to support adjustment to your characterization of service.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
Following the review of your naval record, an administrative error was identified on your Certificate of Release or Discharge from Active Duty (DD Form 214).  Any changes necessary to your naval record can be made by contacting Commander, Navy Personnel Command (NPC) (Code PERS-312), 5720 Integrity Drive, Millington, TN 38055-3120. 
 
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, 

10/5/2021
Executive Director