Docket No: 4545-21 
 
 
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, sitting in executive session, considered your application on 6 August 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, 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 26 September 1989.  On 13 September 1996, you reenlisted for a period of three years.  On 14 August 1998, you were discharged with an other than honorable (OTH) characterization of service in lieu of trial by court martial for an incident involving the sale of your passport to an African national.   
 
On 29 October 2002, the Navy Discharge Review Board (NDRB) noted an administrative error on your Certificate of Release or Discharge from Active Duty (DD Form 214) and directed the addition of your period of honorable service.  As a result of the foregoing, on 19 May 2003, you were issued a Correction to DD Form 214 Certificate of Release or Discharge from Active Duty (DD Form 215) which added your honorable period of active service from 26 September 1989 to 12 September 1996.   
 
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 characterization of service.  You contend that your DD Form 214 should be updated to honorable because you have a DD Form 215.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board noted the required action, as directed by the NDRB was taken to correct your record.  This action, which is reflected on your DD Form 215, added your honorable period of service to your record.  Please note a DD Form 215 is a supplement to the DD Form 214 and lists any modification of the DD Form 214.  Consequently, the Board found no error or injustice in your record. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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, 
 									9/2/2021
									Executive Director