Docket No: 1158-20 
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application was denied.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 19 October 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. 
  
You enlisted in the Navy and began a period of active duty on 10 March 1998.  On 11 March 1998, you received a retention warning for Fraudulent Enlistment.  On 2 November 1998, you were convicted at a Special Court-Martial (SPCM) of Attempted Larceny, Willful and Wrongful Damage to Personal Property and Larceny.  A Bad Conduct Discharge (BCD) was adjudged at the SPCM.  On 27 October 1999, the BCD was executed after appellate review of your case was completed.     
 
You requested an upgrade of your Bad Conduct Discharge to a General Discharge.  You stated you were only 20 years old at the time of the SPCM and you are pretty much the same man you have always been, brave, loyal, honest, respectful, and reliable.  You asserted you are not, and never have been, a thief, liar, or coward.  You also asserted your lawyer was not present to assist you with your plea, but you just signed the paperwork; the military judge should have continued your case, but he forced you to speak with prosecutors; and your BCD was not your doing.  You also asserted you spoke to your lawyer once and he advised that there was nothing to worry about, and he would see you on the court date.  You further asserted that when your name was called your lawyer was nowhere to be seen, but the military judge spoke to you in a condescending tone and forced you to speak directly with the prosecutor regarding your plea.  You contend that you did not understand everything clearly, and did not know what was happening nor did you understand your plea.  You also asserted you were in handcuffs and led out of the courtroom when your public defender said he was sorry he missed your trial, but would appeal it.  Finally, you asserted you have never been convicted of anything other than traffic violations.   
 
The Board noted that you did not provide any evidence to support your contentions, and concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your misconduct which resulted in an SPCM conviction.  The Board further noted your case was appealed and conviction affirmed. 
 
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 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,