DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5706-18 Ref: Signature date Dear This letter is in reference to your application for reconsideration of correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was 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 20 May 2019. 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, as well as applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its 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 duty on 2 April 1992. On 9 March 2011, you were convicted by summary court-martial (SCM) of fraternization. Subsequently, your command initiated administrative separation processing due to commission of a serious offense. On 9 June 2011, an administrative board recommended that you be separated with an other than honorable (OTH) characterization of service. You were discharged on 11 January 2012 with an OTH characterization of service. The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge. The Board also considered your assertion that a written statement by the victim was admitted against the Military Rules of Evidence. Additionally, the Board considered your assertions that the Article 32, UCMJ Investigating Officer found the victim’s live testimony incredible, the SCM officer abused his discretion when he admitted hearsay evidence to be considered, and that he found a relationship existed between the two when none existed. Finally, the Board considered whether your long and distinguished record outweighed a possible one- time exercise of poor judgment. The Board concluded these factors were not sufficient to warrant a change to your discharge given your misconduct, which resulted in a SCM conviction for fraternization and an administrative board that recommended that you be discharged with an OTH characterization of service. It is regretted that the circumstances of your case are such that favorable action cannot be taken. 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.