Docket No: 5200-19 
Ref: Signature Date                

Dear : 
 
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 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 8 July 2020.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active service on 9 August 1993.  You went on four periods of unauthorized absence (UA) totaling 5 days.  On 4 May 1995, you were convicted at a special court-martial (SPCM) for two specifications of UA, six specifications of larceny, seven specifications of falsely making a signature to a sales slip with the intent to defraud, and wrongfully possessing a military identification card.  You were sentenced to confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD).  On 22 May 1996, you were discharged with a BCD. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you served time in the brig, and you paid restitution for the crime you committed.  You contend that you have been an outstanding citizen.  The Board commends your post-service conduct.  Notwithstanding, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your 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 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,