Docket No:  5437-19 
Ref: Signature date 
 
 
    
 
 
Dear : 
 
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 13 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 entered the Navy Reserve on 26 April 1996.  On 14 November 2009, you were ordered to nonjudicial punishment (NJP) for misuse of your Government Travel Charge Card, but the NJP was held in abeyance.  Subsequently, administrative discharge action was initiated.  An administrative board found that you committed misconduct.  On 3 July 2010,  you were separated with a General discharge. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code and discharge characterization in order to join the Air Force Reserve and your contention that your separation from the Naval Reserve was based on erroneous charges.  However, your record does not include any evidence to support this contention, and you submitted none.  The Board noted that you had the opportunity to decline NJP and demand a court-martial.  By accepting NJP, you waived your rights to force the Navy to prove your guilt beyond a reasonable doubt.  While the Board commends your post-service accomplishments and your volunteer work, the Board concluded that these factors were not sufficient to warrant upgrading your characterization of service or your re-entry code given your misconduct.  Furthermore, the Board discerned no probable material error or injustice in your discharge that warrants upgrading the characterization of your service or your re-entry code.  
 
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.