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

Docket No: 8478-18 
Ref: Signature date

Dear	:

This 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
12 August 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 15 September 2008. On 17 September 2010, you received nonjudicial punishment (NJP) for insubordinate conduct and two specifications of making a false official statement. Subsequently, administrative discharge action was initiated by reason of misconduct for commission of a serious offense. You received a general discharge under honorable conditions on 22 December 2010.

The Board carefully weighed all potentially mitigating factors, such as your assertions that the punishment does not match the offense and that you suffered double jeopardy. The Board, however, concluded these assertions were not sufficient to warrant a change to your discharge. Although you argue that the offense does not match the punishment, you received a general discharge under honorable conditions, which appears to reflect the nature of your service and, therefore, does not indicate an injustice. The Board also noted double jeopardy was not applicable in cases of administrative separation, only to judicial actions. The Board discerned no material error or injustice in your discharge characterization.

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.