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

Docket No. 2266-20 
Ref: Signature Date 

Dear 
 
This is in reference to your application of 16 January 2020 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 23 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.
 
A review of your record shows that you entered active duty with the Navy on 14 June 1999.  The following year, you were convicted by a civilian court for vandalism on 2 August 2000.  On 10 August 2000, you had non-judicial punishment imposed on you for unauthorized absence and assault.  On 18 January 2001, non-judicial punishment was imposed on you for unauthorized absence followed by additional non-judicial punishment on 8 February 2001 for another unauthorized absence.  Based on your history of misconduct, you were notified of an administrative action to separate you from the naval service for pattern of misconduct, commission of a serious offense, and civilian conviction.  After waiving your rights, you were discharged for a pattern of misconduct with an other than honorable (OTH) characterization of service.  On 2 October 2007, the Naval Discharge Review Board denied your request for a change to your narrative reason for separation and characterization of service. 

The Board carefully considered your arguments that you deserve an upgrade to your characterization of service.  You assert that your misconduct would not qualify for an OTH characterization of service under current standards.  You also assert that you suffered from immaturity and an alcohol problem that contributed to your misconduct.  Finally, you submit your post-discharge education as mitigation evidence.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded that the preponderance of the evidence supports a finding that your assigned characterization of service is appropriate.  The Board determined that your record of misconduct, when considered in totality with your relatively brief period of active duty, was a significant departure from conduct expected from a service member.  Specifically, the Board considered your civilian conviction which resulted in three years of probation and your assault as serious offenses that support your characterization of service.  Further, the Board felt that your repeated incidents of failure to show up at your appointed place of duty, despite being given multiple opportunities to correct your deficiencies, was additional evidence that earned your assigned characterization of service.  Additionally, the Board did not find your evidence regarding your post-discharge education compelling mitigation evidence of good character since you are currently serving a 45-year sentence for murder in the State of .  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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,