Docket No: 4296-21 
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 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 30 July 2021.  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, 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 enlisted in the Navy and began a period of active duty on 19 May 1997.  On 24 April 2003, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to commission of a serious offense and due to civilian conviction.  You waived your right to request and administrative board.  On 28 April 2003, the discharge approval authority approved and ordered your separation with an other than honorable (OTH) characterization of service by reason of misconduct due to civilian court conviction.  On 12 May 2003, you were discharged.     
 
Your record does not contain information regarding your serious offense and civilian conviction, however, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 
 
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 contention that you were wrongfully accused of raping two underage  girls, and that the police, the media, and others lied because you are .  The Board noted you did not submit any evidence to support your contentions.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your civilian court conviction, outweighed these mitigating factors.  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 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, 


8/20/2021


Executive Director