Docket No: 4351-19 
Ref: Signature date 

Dear  
 
This is in reference to your application of 10 April 2019 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 25 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 13 November 1997.  On 9 November 1998, Commander, Navy Personnel Command, advised your command you may have fraudulently enlisted.  Subsequently, administrative discharge action was initiated by reason of fraudulent enlistment.  On 17 November 1998, you waived the right to consult with counsel and to present your case to an administrative board.  On 22 November 1989, you received non-judicial punishment (NJP) for fraudulent enlistment.  On 4 January 1999, the separation authority approved your administrative discharge with an under other than honorable conditions (OTH) characterization of service.  On 11 January 1999, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and assertions that, when you enlisted, you were instructed by your recruiter about how to fill out the application.  The Board also considered your assertions that you did not fully understand all the questions and were eager to sign up and serve your nation.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP.  The Board noted you provided no evidence of your assertions.  The Board also noted you waived your rights to an administrative 
board.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable 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.