Docket No: 11130-18 
Date: Ref Signature 

Dear  
 
This is in reference to your application of 23 August 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was 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 11 December 2019.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 31 August 1989.  You were counseled on 24 November 1989 and 29 November 1989 regarding your misconduct.  On 6 March 1992, you received non-judicial punishment (NJP) for making a false official statement.  On 19 November 1994, you were charged with two specifications for theft of military property of a value exceeding $100, at which point, you consulted counsel.  As a result of the foregoing, on 13 January 1994, you submitted a request for administrative discharge in lieu of court-martial - a good of the service (GOS) request for discharge.  On 25 January 1994, your commanding officer recommended approval of your GOS request for discharge.  On 28 January 1994, your GOS request for discharge was approved, and you were discharged on 11 February 1994. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contention to consider your age, and overall service record.  Additionally, you contend, you did not steal property, but under a policy at the time you believed you were allowed to borrow equipment.  The Board noted you were charged with the theft of over seventeen items, each specification exceeding the value of $100.  In your GOS request you admitted to two specifications of wrongful appropriation.  Upon review of the record, the Board determined you exhibited intentional criminal conduct.  Further, the Board considered your youth and immaturity as factor in your behavior, but concluded the severity of your misconduct outweighed your current desire to upgrade your discharge.   
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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.