DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 8182-18 
Ref: Signature date

Dear	:

This letter is in reference to your application for 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 that 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 9 October 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.

You reenlisted in the Navy on 5 March 1985 after 10 years of prior service.  You served for a year and 11 months without disciplinary incident, but on 27 February, you were convicted by special court-martial (SPCM) of three instances of making false official statements.  The sentence imposed was restriction, to perform hard labor without confinement, and reduction in paygrade to E-5. On 5 March 1987, you were discharge at the expiration of your enlistment with an honorable characterization of service.

The Board carefully weighed all potentially mitigating factors in your case, including your contention that false records were replaced in your record and that you passed the E-7 exam and “that was wrongfully taken away along with [your] E-6.” However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted a SPCM conviction. The Board is not an investigating agency and you did not provide any additional documentation for the Board to consider. Your in-service records do not support your contentions.  Available records indicate, as stated previously, that you were reduced in paygrade from E-6 to E-5, which would make the passing of the E-7 exam null and void. Accordingly, the Board, in its review, discerned no probable material error or injustice in the discharge.

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 the 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,