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

Docket No:  6781-19 
Ref: Signature date 


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. 

Your application was filed in a timely manner and the Board found it in the interest of justice to consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 21 January 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 26 July 1993.  On 16 December 1993, you received nonjudicial punishment (NJP) for Disobeying a Lawful Order.  On 15 November 1996, you received NJP for Unauthorized Absence.  On 17 June 1997, you were convicted at a Special Court-Martial of Wrongful Appropriation of US currency and Conspiracy to Commit Wrongful Appropriation of US currency.  Subsequently, administrative discharge action was initiated by reason of misconduct.  On 17 September 1997, after being afforded all of your procedural rights, you waived counsel and your right to an administrative board, and your case was forwarded to the separation authority for review.  It was recommended that you be discharged with a General characterization of service for misconduct due to a pattern of misconduct.  The separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  You received a General discharge on 18 September 1997. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge characterization and your assertions that you were waiting for your honorable discharge but you had your first child back home and were ready to get home to see him.  Additionally, the Board considered your assertion that you asked a friend to help you be discharged sooner and he was able to get you discharged with a General.  The Board also considered that, at the time of your separation, you were very close to completing your four-year enlistment.  The Board concluded that these factors and assertions were not sufficient to warrant a change to the characterization of your discharge given your misconduct, which resulted in two NJPs and a Special Court-Martial conviction.  The Board noted that you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable 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,