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

Docket No: 9875-18               
Date: Ref Signature 

This 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 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 2 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. 

Following over 18 years of service in the Navy, you began a period of unauthorized absence (UA) on 16 July 1985 after you were informed that you were wanted for questioning for possible involvement in a serious military offense.  Following your surrender, you were transferred to federal custody for pending civilian charges in federal court.  On 26 November 1986, you were notified of the initiation of administrative separation proceedings by reason of misconduct.  On 19 December 1986, an administrative discharge board voted that you committed misconduct and recommended that you be separated from the Navy with an other than honorable (OTH) characterization of service. On 21 January 1987, you were convicted by civilian authorities of conspiracy to defraud the United States, theft of government property, interstate transfer of stolen property, two counts of aiding and abetting the theft of government property and abetting the interstate transfer of stolen property and sentenced to five years in prison.  On 26 January 1987, your commanding officer concurred with the recommendation.  The discharge authority approved the OTH characterization of service by reason of misconduct-civil conviction, and you were discharged in absentia on 9 March 1987. 

The Board carefully weighed all potentially mitigating factors, such as your contentions that your 19 years of service constitutes a pattern of exemplary behavior, and your lapse in judgement should not be construed as a pattern of bad behavior.  The Board noted you received a civil conviction during your final enlistment, which was a valid basis for discharge, despite your previous years of honorable service.  The Board found that the seriousness of your offense more than warranted an OTH characterization of service for your final enlistment period.  The Board noted that this did not impact your previous enlistment periods for which you received honorable discharges and have DD Forms 214 for those periods of service reflecting such honorable service.  The Board concluded that your OTH discharge during your final enlistment period was appropriate based upon your misconduct.
 
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, 


10/23/2019