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

Docket No: 6618-19 

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 26 November 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 on 9 June 2000.  On 1 March 2001, you received nonjudicial punishment for two periods of unauthorized absence from 13 October 2000 to 17 October 2000 and 23 October 2000 to 2 February 2001, wrongfully consuming alcoholic beverages under the age of 21, wrongful use of a controlled substance, and larceny of four packs of cigarettes from the Navy Exchange.  Your record is incomplete in that it does not contain the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded all of your procedural rights, the separation authority directed that you be separated with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct.  You were discharged with an OTH discharge on 10 April 2001. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were “really young and let the wrong group of sailors influence my behavior”. The Board also considered your regret for your decisions.  However, the Board determined there was insufficient evidence of an error or injustice warranting an upgrade to your 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, 


1/5/2020