Docket No: 10671-19
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 relevant portions of your naval record and your application, 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 14 September 2020.  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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 1 July 1998.  On 31 May 2000, you received nonjudicial punishment (NJP) for three specifications of larceny and mail taking, opening, destroying, and stealing.  On 27 March 2001, you received NJP for larceny of a compact disc player.  On 13 April 2001, Commanding Officer,  notified you of administrative separation procedures on the basis of a pattern of misconduct and commission of a serious offense.  You waived your right to appear before an administrative separation board.  On 21 June 2001, you were separated from the Navy on the basis of a pattern of misconduct and received an other than honorable (OTH) characterization of service and a reentry (RE) code of RE-4. 
 
In your petition to the Board, you request an upgrade to your OTH characterization of service, and ask that your character of service of misconduct be removed.  You also ask for a new DD Form 215 which does not strip you of the accomplishments you made while serving.  You assert that you were discharged because of false accusations of theft which would later be proven to the Executive Officer, but never sent to the Commanding Officer.  You assert that personal feelings toward you stood in the way of professional judgment.  You contend that your discharge was unjust. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were treated unjustly and that personal feelings toward you impacted your administrative separation and resultant OTH characterization of service.  The Board noted your allegations of bias, but found that you did not provide sufficient evidence to support your contentions.  The Board reviewed your available record and found that the two NJPs and your Commanding Officer’s recommendation support your OTH characterization of service.  The Board noted that you waived your right to appear at an administrative separation board, which would have afforded a forum in which you could have raised the issues of unjust treatment.  The Board concluded that your OTH discharge was supported by the misconduct documented in your record and does not appear to have been issued in error or unjustly. 
 
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.   
 
 Sincerely,