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

Docket No:  6327-19          
Ref: Signature date 

This is in reference to your application of 11 June 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 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 28 June 1995.  On 28 May 1996, you were enrolled in a financial management course.  On 26 June 1996, you were counseled for writing worthless checks.  On 5 July 1996, non-judicial punishment (NJP) was imposed on you for failure to obey a lawful order and dereliction of duty.  On 13 November 1996, you were counseled for failure to go.  On 19 December 1996, you were counseled for failure to go.  On 29 April 1998, NJP was imposed on you for failure to go.  On 24 June 1998, you were counseled for failure to go.  On 9 January 1999, NJP was imposed on you for unauthorized absence, worthless checks, and false official statement.  Subsequently, an administrative action to separate you from the naval service was initiated.  On 12 February 1999, you consulted counsel and elected an administrative discharge board (ADB).  On 1 April 1999, an ADB found a basis for administrative discharge and recommended that you be discharged with a general (under honorable conditions) characterization of service.  On 13 April 1999, the separation authority approved your separation with a general (under honorable conditions) characterization of service. On 30 April 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 you have grown as a person and become a father and husband.  The Board considered your assertion that you were not mature enough to understand what you had.  Finally, the Board considered your assertions that you haven’t been in any trouble, have become a mentor to young men in your community and serve on a number of committees at your church.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in three NJPs.
 
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, 


3/13/2020