DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 4364-17 
OCT 09 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions ofTitle l 0, United States Code, section 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 of Naval Records, sitting in executive session, considered your application on 15 June 2017. The names and votes oftpe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. 

Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions ofyour naval record and applicable statutes, regulations and policies. 
Regarding your request for a personal appearance, the Board detennined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board detennined that a personal appearance was not necessary and considered your case based on the evidence ofrecord . 

You enlisted in the Navy and began a period ofactive duty on 28 July 1997. Your record is 
incomplete, in that it does not contain all of the 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, on 3 April 2000, you received an other than honorable (OTH) discharge by reason of misconduct due to commission ofa serious 
offense. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. The Board, in its review of your application, carefully weighed all potentially mitigating factors. The Board also considered your contention that some of the facts in your case were based on lies. 

Additionally, the Board noted your desire to take responsibility for your actions. Upon review and JMP Docket No: 4364-17 
consideration ofall the evidence of record, the Board concluded your request does not warrant relief. The Board noted your DD Form 214 indicates you were notified of and waived your procedural right to present your request to an administrative discharge board. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. Lastly, the Board noted there was insufficient evidence to substantiate your assertion that your case included lies. 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. 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, 

Executive Director