DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 4343-21 
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 9 September 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 November 2002. After completion of your initial training pipeline, you were assigned to USS  in April 2003. Non-judicial punishment was imposed on you for driving under the influence and underage drinking of alcohol on 5 December 2004. Subsequently, you sustained facial injuries in February 2004 as a result of a motor vehicle accident before non-judicial punishment was again imposed on you on 25 June 2004 for larceny of your shipmate’s property. Finally, after you failed to attend firefighting school and fabricated a letter of completion, non-judicial punishment was imposed on you for unauthorized absence on 8 October 2004. This resulted in your administrative separation on 26 October 2004 for pattern of misconduct with an Other than Honorable characterization of service. 

The Board carefully considered your arguments for an upgrade to your characterization of service to Honorable. You assert that your discharge was based on your inability to perform your military duties after your motor vehicle accident in February 2004. You argue that your performance prior to your accident was good and that you have been unable to obtain Department of Veterans Affairs (VA) benefits as a result of your characterization of service. Unfortunately, the Board disagreed with your rationale for relief. In reviewing your record, the Board concluded that the preponderance of the evidence does not support upgrading your characterization of service based on the frequency and seriousness of your misconduct while on active duty. The Board noted that you committed multiple offenses that qualified for a punitive discharge under the Uniform Code of Military Justice and those offenses were committed in less than two years of active duty service. In the Board’s opinion, your conduct was a serious departure from conduct expected of a Sailor and qualified you for an Other than Honorable characterization of service. The Board took into consideration your performance prior to your misconduct that led to your 5 December 2004 non-judicial punishments and your desire for VA benefits but determined these factors were insufficient to mitigate the serious offenses that formed the basis for your discharge from the Navy. Consequently, the Board concluded that your assigned characterization of service remains appropriate. 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, 
9/13/2021