DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 
                                                                             
Docket No: 4820-21 
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 1 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 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 service on 29 June 2001.  On 4 November 2002, you received non-judicial punishment (NJP) for disrespect to a petty officer, failure to obey a lawful order, and wrongfully communicating threats.  On 7 November 2002, you were counseled regarding your receipt of NJP.  You received NJP on 28 November 2003 and 15 March 2004 for the following charges:  wrongfully consuming alcoholic beverages, assault, and two specifications of drug and disorderly conduct.  As a result of the foregoing, on 16 March 2004, 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, at which point, you waived your right to consult with counsel, and a hearing before an administrative discharge board (ADB).  On 17 March 2004, your commanding officer recommended your discharge from active service with a general character of service by reason of misconduct due to pattern of misconduct.  On 29 April 2004, you were discharged with a general characterization of service by reason of misconduct due to pattern of misconduct.  On 14 June 2018, the Navy Discharge Review Board (NDRB) denied your request to upgrade the character of your 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 to upgrade your discharge.  You contend, your NJP dated 15 March 2004 was unjust.  You contend, your NJP dated 15 March 2004 was erroneously the basis for the initiation of your administrative separation proceedings.  You contend, the Navy Discharge Review Board (NDRB) misrepresented facts in your statement, and disregarded the official police reports available when reaching their conclusion. The Board reviewed the evidence you submitted with your application.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board noted your administrative separation proceedings were initiated as a result of both misconduct due to pattern of misconduct, and due to the commission of a serious offense.  Additionally, the Board noted your repeated misconduct, and considered the severity of each of the charges for which you violated the uniform code of military justice (UCMJ) during your enlistment. The Board in its review did not find evidence of an error or injustice in your record and determined you were issued the appropriate character of service.  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,  
9/17/2021
Executive Director