Docket No: 4516-21            
  
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 for Correction of Naval Records, sitting in executive session, considered your application on 10 September 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 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). 
 
You enlisted in the Navy and began a period of active duty on 12 September 1996.  On 22 May 1997, you received nonjudicial punishment (NJP) for failure to obey a lawful.  On 27 September 1997, you received a second NJP for being absent from your place of duty from 1400 to 2330 on 22 September 1997, and for willful disobedience of a master chief petty officer.  Administrative Remarks dated 2 December 1997 indicate that you were informed that you were not eligible for reenlistment due to misconduct; you acknowledged the Administrative Remarks by signature.  On 2 December 1997, you were discharged on the basis of misconduct and received a general discharge and a reentry (RE) code of RE-4. 
 
In your application to the Board, you request an upgrade to your general discharge to reflect an honorable characterization of service.  You state that you wish to change the characterization of service. 
 
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 for an upgrade, the length of time since your discharge, and your age at the time of your military service.  The Board noted that your available service record does not reflect your complete administrative separation package.  The Board considered your two NJPs, your history of assignments, and the information reflected on your Certificate of Release or Discharge from Active Duty (DD Form 214).  The Board found that based on the available evidence in your service record and applying the presumption of regularity, that your general characterization of service appears to have been issued without error or injustice.  The Board noted your desire for an upgrade but determined that you did not provide sufficient evidence to overcome two NJPs and the subsequent administrative separation proceedings which appear to have been initiated against you.  The Board concluded that corrective action is not warranted, and that your general discharge was appropriately issued upon your separation from the Navy in 1997. 
 
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,   
                                                                 10/7/2021
								 Executive Director