DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
               
Docket No: 0273-19                                     
Ref: Signature Date 

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 15 January 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 6 April 1987.  On 15 March 1988, you were convicted by special court-martial (SPCM) of two specifications of larceny.  As punishment, you were awarded confinement, reduction in rank, a fine, and discharge from the naval service with a bad conduct discharge (BCD).  The record reflects that your BCD was suspended for a period of 12 months in accordance with a pretrial agreement.  Subsequently, you were notified of pending administrative action to separate you from the naval service.  You were advised of and elected your procedural rights, to consult with legal counsel and to present your case to an administrative discharge board (ADB).  The ADB recommended administrative discharge with a general (under honorable conditions) characterization of service.  The commanding officer recommended administrative discharge with an other than honorable (OTH) characterization of service. The discharge authority directed administrative discharge with a general (under honorable conditions) characterization of service. On 13 June 1988, you were so discharged. 

Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board seriously considered your contention that you were falsely accused of stealing a camera from another Sailor.  However, the evidence you submitted is not sufficient to support your contention or warrant an upgrade to your discharge, and this Board is not an investigative agency nor does it have the resources to conduct investigations.  In its review and in light of the available evidence, the Board discerned no probable material error or injustice in the 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. 

Sincerely, 

1/27/2020