Docket No:  2296-19 
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 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 4 November 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 13 September 1994.  On 17 October 1995, you were convicted by summary court-martial (SCM) of violation of a lawful regulation by wrongfully possessing a pistol at Fort Eustis Army base and wrongfully possessing 12 rounds of ammunition, as well as wrongfully possessing approximately 3 ounces of marijuana.  Subsequently, administrative discharge action was initiated by reason of misconduct.  On 27 November 1995, you requested an administrative board.  On 11 January 1996, you received nonjudicial punishment (NJP) for violation of lawful order for having a guest of the opposite sex in a BEQ room.  That same day an administrative board found a basis for separation existed and recommended you be separated with an under other than honorable conditions (OTH) discharge.  On 3 April 1996, your commanding officer (CO) recommended you be separated with an OTH discharge.  On 16 April 1996, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  You received an OTH discharge on 26 April 1996. 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, your post-Navy achievements, civic activities, and work record, as well as assertions that you did not engage in the acts of which you were convicted  but were the victim of an overly eager CID agent.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct which resulted in both SCM conviction and NJP for violations of lawful orders. 
 
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. 
 
                                          Sincerely,