DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1735-19 Ref: Signature Date Dear : This is in reference to your application of 20 November 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 3 March 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 their 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 service on 1 August 1995. On 5 August 1999, you received non-judicial punishment (NJP) for failure to obey a lawful order and writing worthless checks. Although the Board lacked your entire service record, the Board relied on a presumption of regularity that you were notified of the recommendation that you were recommended for discharge for misconduct - pattern of misconduct. After waiving your rights, your Commanding Officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service for misconduct due to a pattern of misconduct. The discharge authority approved this recommendation and directed separation under other than honorable conditions for misconduct. On 29 February 2000, you were so discharged. As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presume that you were properly discharged from the Marine Corps. The Board carefully weighed all potentially mitigating factors in your case, including your master settlement statement, post service accomplishments, your desire to upgrade your discharge, and contentions that your discharge is the result of being young and uneducated on how to manage money and responsibility. The Board also noted you contention that since discharge, you have learned how to be finically responsible and understand the importance of managing your credit. The Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. Regarding your contention that your discharge is the result of being young and uneducated on how to manage money and responsibility, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions. Regarding your contentions that since discharge, you have learned how to become finically responsible and understand the importance of managing your credit. The Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for 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.