Docket No: 4529-20 
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 5 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 5 August 2002.  On 13 March 2003, nonjudicial punishment (NJP) was imposed on you for Failure to Obey a Lawful Order or Regulation and False Official Statement.  You were issued a retention warning.  On 12 August 2003, you were convicted at a Summary Court-Martial (SCM) of Larceny and Wrongful Appropriation.  The charges were originally referred to a Special Court-Martial (SPCM); however, pursuant to a pretrial agreement, you agreed to plead guilty at a SCM and waive an administrative board.  Subsequently, administrative separation action by reason of Misconduct - Pattern of Misconduct and Commission of Serious Offense was initiated.  On 14 August 2003, you consulted counsel and waived an administrative board.  Your Commanding Officer recommended you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.  On 18 August 2003, Commander, , recommended you be administratively separated with an OTH discharge.  On 20 August 2003, the Separation Authority directed you be administratively separated with an OTH discharge.  On 3 September 2003, you were administratively separated with an OTH discharge.   
 
The Board carefully reviewed your application.  You requested an upgrade of your discharge to Honorable.  You stated that, during your tour at , the families of DD  arranged a Thanksgiving dinner for the new recruits. You asserted that false rumors spread about your involvement with the captain’s wife after this dinner and he confronted you. You asserted this moment defined your time aboard and others took advantage of you, from typical friendly hazing to racial slurs and physical harassment. You also asserted that you were accused of theft and your belongings were offered for others to claim.  Finally, you asserted you were sent to captain's mast and sentenced to prison.  You stated scars from this experience have left you jobless and homeless for a majority of your life but you have since traveled and attained post graduate degrees in IT Forensics and Business.  Unfortunately, after careful consideration of your assertions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.   
 
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,