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

Docket No: 5005-19 
Ref: Signature Date

Dear	:

This letter is in reference to your application of 28 April 2018 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 12 September 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, as well as applicable statutes, regulations, and policies.

You enlisted in the Navy and began a period of active duty on 24 August 1995. On 27 October 1999, you were convicted by special court-martial (SPCM) for assault and larceny. The SPCM adjudged a bad conduct discharge (BCD), confinement, and a reduction in rank. The BCD was subsequently approved at all levels of review, and, on 30 April 2001, you were so discharged.

The Board carefully reviewed your application, weighed all potentially mitigating factors in your case, and considered your contention that your BCD is “keeping you from applying for home loans.” The Board, noting 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,