Docket No: 152-20 
Ref: Signature Date 



This is in reference to your application of9 December 2019 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 21 April 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 15 July 1992. On vehicle and sentenced to 180 days in jail (176 suspended).  In July 1995, your command initiated an administrative action to separate you from the naval service; you waived your right to appear before an administrative separation board. On 3 August 1995, pending charges in (receipt of stolen property) were dismissed.  You were discharged from the Navy on 11 August 1995, on the basis of misconduct due to civilian conviction and commission of a serious offense, and received an other than honorable discharge. 

In your petition to the Board, you ask for a change to your narrative reason for separation which currently reads “Misconduct due to Civilian Conviction and Commission of a Serious Offense.” You state that although a guilty verdict was awarded in , you were not incarcerated.  You contend that fines were paid and you were released on your own recognizance.  You provide court records in support of your application. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your claim that the absence of physical incarceration warrants a change in the narrative reason for separation.  The Board reviewed the evidence you provided and the information in your record, and noted that on 7 June 1995, you were convicted by for unauthorized use of a vehicle.  Furthermore, you had transported a stolen vehicle across state lines and been arrested on the suspicion of doing so in .  The Board determined that under the regulatory guidance pertaining to administrative separations, your conviction supported the narrative reason of misconduct due to civilian conviction, and your actions pertaining to the theft and transport of the vehicle from the car dealership supported the narrative reason of commission of a serious offense.  The Board found that your misconduct, independent of court action in either , was an appropriate basis for administrative separation for commission of a serious offense.  The Board determined that your current narrative reason for separation was properly issued and does not merit corrective action. 

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.