DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 41 51-17 
OCT 09 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. 

A three-member panel of the Board for Correction of aval Records, sitting in executive session, considered your application on 15 June 2017. The names and votes of the members of the panel will be furnished upon request. Your allegations oferror 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 13 November 2012. It appears you served without disciplinary incident until you received nonjudicial punishment (NJP) on 14 August 2014 for larceny. Subsequently, administrative discharge action was initiated by reason ofmisconduct due to commission of a serious offense. After being afforded all of your procedural rights and electing General Court Martial Convening Authority (GCMCA) review, your commanding officer recommended that you receive a general, under honorable conditions, discharge by reason of misconduct due to commission ofa serious offense. The separation authority approved this recommendation and directed separation with a general (GEN), under honorable conditions, characterization of service by reason of misconduct due to commission of a serious offense. You were so discharged on 5 December 2014. 

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 change your narrative reason for separation so you can serve as a police officer or Army National guardsman. The Board also considered your contentions that the Command Master Chief (CMC) obtained your banking records in a dishonest manner, your misconduct was not directly related to your service but an issue, that had been resolved, between you and the bank. Further, the Board considered your contentions that you received NJP without appearing before the command Disciplinary Review Board (ORB) and that there was no evidence presented at NJP showing the misconduct affected your performance of duties. Additionally, the Board considered your contention that your actions were not a reflection of your true character; you just needed to keep the electricity on at your house for your child and wife. However, the Board concluded these factors were not sufficient to warrant relief in your case given the seriousness of your misconduct. The Board concluded the severity of your misconduct clearly supported the Commanding Officer's decision to process you administratively for misconduct due to commission ofa serious offense. 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. ew evidence is evidence not previously 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 ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

Executive Director