Docket No: 6548-19 
Ref: Signature Date    

Dear  
 
This is in reference to your application of 20 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 2 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 15 October 1996.  On 1 May 1997, you received non-judicial punishment (NJP) for writing checks with insufficient funds.  You were awarded forfeiture of pay, restriction, and extra duties.  On 8 May 1997, you received a second NJP for larceny and were awarded forfeiture of pay, restriction, and extra duties.  On 16 June 1997, administrative action was initiated to separate you from the naval service for misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Navy.  On 27 June 1997, you were counseled that you were not recommended for reenlistment and you were discharged with an OTH characterization of service. 
 
You request that the Board upgrade your discharge to general (under honorable conditions).  You assert that at the time of my discharge you were very young and not knowledgeable about certain 
issues and the consequences of your actions.  You state you have learned more and have a far better understanding.  You contend that you are more experienced now and that you are married and have two children. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions, and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in two NJPs.  The Board noted that you provided no evidence to support your contentions.  The Board noted while very commendable, your post-service conduct does not sufficiently mitigate your conduct while enlisted in the Navy or the characterization of your discharge. 
 
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.