Docket No:  3222-19 
Ref: Signature date 

Dear  
 
This letter 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 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 18 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 8 July 1993.  On 3 February 1994, nonjudicial punishment (NJP) was imposed on you for issuing personal checks with insufficient funds.  On 6 September 1994, you were counseled for failing to take your prescribed medicines.  On 10 November 1994, you were counseled for failure to achieve your qualifications within the designated time.  On 21 March 1995, you were convicted at a special court-martial (SPCM) of wrongful appropriation, for which your adjudged sentence included to be discharged from the naval service with a bad-conduct Discharge (BCD).  On 4 March 1997, you were so discharged.   
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your assertions that your military performance was exemplary and that you performed with honor.  The Board also considered your admission that you knowingly took the money you believed was owed to you, and that you knew it was wrong.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in a SPCM conviction. 
 
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.