DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0988-19 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 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 13 February 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, and applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined 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 1 August 2000. On 6 May 2002, you were convicted by a civilian court of driving under the influence and sentenced to twelve months of probation, a one year suspension of your driver’s license, a fine, and court costs. On 9 September 2002, you were convicted by a civilian court for urinating in public and sentenced to a fine and court costs. On 25 October 2002, you received non-judicial punishment (NJP) for a one-hour unauthorized absence (UA). On 16 December 2002, you were convicted, in absentia, by a civilian court for passing on the shoulder and sentenced to a fine and court costs. On 16 January 2003, you were convicted by a civilian court of reckless driving and sentenced to six months confinement (all but 22 days suspended), a fine, and court costs. On 10 February 2003, you received a second NJP for three instances of UA and larceny. On 19 February 2003, you were convicted by a civilian court of violating your probation and sentenced to vacation of your suspended confinement from your 16 January 2003 conviction. Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to civilian conviction and commission of a serious offense and elected your right to an administrative discharge board (ADB). On 22 April 2003, the ADB determined the preponderance of the evidence supported a finding of misconduct and recommended that you be separated from the Navy with an other than honorable (OTH) characterization of service. Your Commanding Officer concurred with the ADB’s recommendation, and the discharge authority approved the recommendation and directed that you be discharged for misconduct due to civilian conviction with an OTH characterization of service. On 13 June 2003, you were so discharged. The Board carefully reviewed your application, weighed all potentially mitigating factors in your case, and considered your contention that your discharge was inequitable because “some of the issues used by the Navy for my discharge are excessive. These involved tickets which I paid the fines and did not serve time in jail.” The Board also considered your contention that you were a “good sailor until I had some serious family problems in 2002.” Specifically, you contend your mother had two surgeries and your step-father was diagnosed with cancer which was a “tremendous blow to me because I was very close.” You contend you tried to get help from your chain of command but you were ignored by your supervisors. Because you were having sleep problems, you contend you reported late for duty on several occasions and were subsequently moved from the night shift to the day shift so that you could be supervised. The Board also considered your contention that your larceny charge was an intentional attempt to “get out of the military because of my family situation.” In detail, you explain the circumstances surrounding your civilian convictions, and you concede that “while I did have issues that showed a pattern of misconduct, I believe whole-heartedly that if I had received assistance with dealing with my problems from my chain of command, I would have been able to stay in the Navy and could have been an outstanding sailor.” Further, you dispute the Master Chief’s testimony before the ADB. Lastly, you contend your post-service record warrants clemency and submitted numerous advocacy letters detailing your post-service performance and accomplishments. Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. Even under the liberal consideration standard, the Board found that your repeated military and civilian misconduct warranted 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 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, 3/20/2020 Executive Director Signed by: