DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 4070-19 
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
29 August 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 21 June 1996. You received nonjudicial punishment (NJP) on 24 October 1996 for larceny of a leather jacket from the Navy Exchange. At that time you were formally counseled that failure to correct your deficiencies or further misconduct on your part could result in further disciplinary action and administrative processing. On 6 February 1998, you received a second NJP for making a false official statement.  On 14 May 1998, you received NJP for making another false official statement.
Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to a pattern of misconduct and commission of a serious offense. After being advised of, and waiving your procedural rights, your commanding officer (CO) recommended you be discharged with an other than honorable (OTH) characterization of service due to misconduct. In his recommendation, your CO stated that you were pending administrative separation after your second NJP, that he stopped the proceedings and reassigned you to a new command to afford you the opportunity to overcome your deficiencies, but that “once again violated the UCMJ by making a false official statement.” The discharge authority approved the recommended discharge and service characterization. On 17 June 1998, you received an OTH discharge.

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that “an OTH does not match any possible options.” The Board noted your CO’s recommendation which stated that he had previously initiated administrative discharge proceedings but stopped those on 2 April 1998 to afford you an opportunity to overcome your deficiencies. Additionally, the Board noted, when you were notified a second time on 19 May 1998 of pending administrative separation proceedings, you waived your procedural right to an administrative discharge board. In doing so, you gave up your first and best opportunity to advocate for rehabilitation, retention, or a more favorable characterization of service. The Board, noting that you did not submit any supporting documentation, post-service information, or advocacy letters, did not find evidence of an error or injustice that warrants upgrading your characterization of service. Based on your misconduct, the Board determined you were assigned an appropriate characterization of service.

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,