DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1760-17 OCT 09 2017 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions ofTitle 10, United States Code, § 1552. 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 three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 29 June 2017. 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, your naval record and applicable statutes, regulations and policies. You enlisted in the Navy and began a period of active duty on 19 April 1999. On 9 June 1999, you received a Page 13 Administrative Counseling/Warning for failure to disclose pre-service civil involvement/convictions for an assault in February 1999 for which you served two days in jail and paid fines. On 30 September 2000, you received a Page 13 Administrative Counseling entry because your personal financial practices were posing a threat to you family and bringing discredit upon the Navy. Your record is incomplete in that it does not contain all ofthe documents pertaining to your administrative discharge. Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded all of your procedural rights, the separation authority directed separation under honorable conditions by reason of misconduct due to pattern of misconduct. You were discharged with a general, under honorable conditions, characterization of service on 20 March 2001. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. The Board, in its review of your application, carefully weighed all potentially mitigating factors and your desire to upgrade your discharge to an honorable characterization of service. The Board also considered your contentions that you were under stress due to your marriage, and you were an alcoholic. The Board also considered your contentions that you are currently attending school and have turned your life around. Lastly, the Board noted your contention that your mistake was 16 years ago and should not follow you through life. The Board concluded your misconduct clearly supported the commanding officer's decision to process you administratively for a general discharge. Additionally, the Board noted that the record shows you were notified of and waived your procedural right to present your case to an administrative separation board. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. Finally, there is no provision of federal law or in Navy regulations that allows for a discharge upgrade, recharacterization of service, or a change in a reentry code due solely to the passage of time. Accordingly, your application has been denied. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board. ln 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 ofprobable material error or injustice. Sincerely, Executive Director