DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

 Docket No: 8124-18 

 Ref: Signature date 

Dear 

This letter 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 the entire 
record, the Board for Correction of Naval Records (Board) found 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 22 July 
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, as well as applicable statutes, regulations, and 
policies. 

You enlisted in the Navy and began a period of active duty on 21 September 1990. You were 
tried at a General Court-Martial, found guilty, and sentenced to a Dishonorable Discharge. Your 
case was appealed to the Navy-Marine Corps Court of Military Appeals and the Dishonorable 
Discharge was affirmed. You received a Dishonorable discharge on 21 April 1995. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge to honorable and that it has greatly impacted your life and your family. The 
Board also considered your assertion that the punishment was excessive for first-time offense, 
that you were not fully informed by your lawyer of the option to appeal or overturn your 
conviction, and your five years of service prior to the conviction. Additionally, the Board 
considered your assertion that it will highly impact your life and health, with no opportunity to 
receive lost benefits. 

The Board concluded these factors and assertions were not sufficient to warrant a change to your 
discharge given your misconduct, which resulted in a General Court-Martial and a Dishonorable 
Discharge adjudicated at trial. 

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 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.