Docket No: 5438-20
Ref: Signature Date              
            
Dear  : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 9 December 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You began your enlistment in the Navy Reserve on 28 May 1987.  On 12 November 1992, you were convicted by civilian authorities of unlawful use of a computer, theft by unlawful taking, theft by failure to make required disposition of funds received, and misapplication of entrusted property and property of government or financial institutions.   Subsequently, on 30 April 1993, you were notified that you were being recommended for administrative discharge from the naval service because of misconduct due to civilian conviction.  You were advised of, and elected your procedural right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  An ADB was convened and determined that the preponderance of the evidence supported a finding of misconduct and recommended that you be separated from the Navy with an other than honorable (OTH) characterization of service.  Your commanding officer concurred with the ADB’s findings and recommended administrative discharge from the naval service.  The separation authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 4 November 1993, you were so discharged. 

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge, contentions that the loss of your civilian job and subsequent criminal charges filed had nothing to do with the Navy, and that you had a perfect record in the Navy Reserves.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, in accordance with naval regulations, a member may be separated from the naval service based on a civilian conviction or actions tantamount to a finding of guilty.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
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,