Docket No: 2827-20 
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 has been 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 issues 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 9 June 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. 
 
After the separation authority directed that you be discharged from the Navy Reserve with an other than honorable (OTH) characterization of service as a result of misconduct due to the commission of a serious offense and unsatisfactory participation, you managed to reenlist.  You began a period of active duty on or about 25 January 1996.  On 28 May 1997, you were convicted at a general court-martial of disobeying a lawful order, two specifications of being disrespectful in language, four specifications of disrespectful language toward a superior petty officer, assault, wrongful communication of threats, and willful damage of government property.  You were sentenced to a bad conduct discharge (BCD).  After completion of appellate review, the BCD was ordered executed on 17 August 2005. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that you were set up by the Navy on a rape charge with a 40 year-old woman, and that you were found not guilty by reason of insanity.  You assert that you are totally innocent.  The Board also considered your desire to enlist in the Marine Corps.  The Board determined these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in a general court-martial conviction.  Further, the Board found no evidence of error or injustice in your discharge that warrants an upgrade in the characterization of your service and concluded that your discharge was proper as issued.    
 
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,