Docket No: 5549-19 
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 5 December 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 24 June 1999.  On 29 January 2001, the , , completed an investigation that found you stole the checkbooks of two other sailors and, with a co-conspirator, forged checks totaling approximately $720.00.  As a result, you were charged with conspiracy to defraud, theft, uttering checks with intent to defraud, impersonating a petty officer with intent to defraud, On 9 March 2001, you admitted your guilty and requested administrative separation in lieu of trial (SILT) with an other than honorable (OTH) characterization of service.  As part of your SILT request you stated, “Having discussed this matter with my counsel, I am absolutely convinced that this request is in my best legal and personal interest.”  You further acknowledged that, in receiving an OTH characterization of service, “I completely understand that I may expect to encounter prejudice in the civilian life in situation where the character of my service in, and subsequent discharge from, any branch of the Armed Forces may have a bearing.”  On 12 March 2001, the trial counsel and the commanding officer,  recommended acceptance of the SILT, with a recommended characterization of service of OTH.  On 21 March 2001, the staff judge advocate to the convening authority found the package legally sufficient and recommended approval of the SILT.  On 22 March 2001, the convening authority approved the SILT.  Subsequently, administrative action was initiated to separate you from the naval service.  On 28 March 2001, you acknowledged and waived your administrative procedural rights.  On 3 April 2001, the separation authority approved your administrative separation with an OTH characterization of service.  On 25 April 2001, pursuant to your request, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that you believe it does not matter how old the discharge was, service to the country should not have an expiration date.  The Board also considered that you admitted your wrongs then and admit them now.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in your application for, and approval of, administrative separation to escape trial by special court-martial.  The Board noted you consulted counsel, waived your right to a trial, requested administrative separation, and waived an administrative board.  By doing so, you gave up your first, and best, opportunity to force the government to prove your guilt and for you 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.