DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4794-21 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 11 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 service on 4 October 2001. From the period beginning on 13 July 2002 to 6 August 2004, you received non-judicial punishment (NJP) on four occasions for your violations of the uniform code of military justice (UCMJ). During the aforementioned period, you were counseled on two occasions regarding your misconduct. Your record is incomplete in that it does not contain all of the information pertaining to your administrative separation. Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith, and further presumed that you were properly notified of your pending administrative separation, and you were afforded all of your procedural rights. Notwithstanding, the available information contained in the record and the information on your Certificate of Discharge or Release from Active Duty (DD Form 214), revealed that on 17 September 2004, the discharge authority approved and directed your separation from the naval service with a general characterization of service by reason of misconduct due to the commission of a serious offense. On 21 October 2004, you were so discharged. 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 the characterization of your service so that you may utilize the Montgomery GI Bill. You contend you were diagnosed with adjustment disorders and you have been working for the government for the last 10 years. The Board reviewed all evidence submitted with your application and commends your post service conduct. The Board considered your desire to obtain educational benefits, but advises that that there is no provision in law or regulation that provides for an upgrade of characterization based solely on the desire to obtain benefits. The Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board noted your repeated misconduct, which resulted in four NJPs, outweighed these mitigating factors. 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, 8/20/2021