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

Docket No: 6803-19              
Ref: Signature Date 

This is in reference to your application of 28 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 4 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 and served honorably for your first period of enlistment from 25 May 1993 through 10 July 1996.  You reenlisted for a second period of service beginning 11 July 1996.  On 8 November 2000, you were found guilty at General Court Martial proceedings for violating Uniform Code of Military Justice, Article 121 (wrongful appropriate of US currency in the sum of $968 and a Gateway computer worth $1,918), and Article 123 (forgery of checks with the intend to defraud).  The Court sentenced you to forfeiture of pay of $600 pay per month for a period of 3 months, a reduction in paygrade to E-1, confinement for 90 days, and a reprimand.  On 14 February 2001, you were notified of administrative separation proceedings on the basis of commission of a serious offense with a possible other than honorable characterization of service. You consulted with an attorney and waived your right to appear before an administrative discharge board.  On 27 April 2001, you were separated from the Navy on the basis of commission of a serious offense, and received an other than honorable characterization of service, and a reentry (RE) code of RE-4.  You petitioned the Naval Discharge Review Board (NDRB) and requested an upgrade to your characterization of service; on 2 November 2005, NDRB found the discharge proper as issued. 

You request a change to your other than honorable discharge, and ask that your post-service conduct and character as evidenced by your accomplishments since 2001 be taken into consideration.  You provide a number of letters of references which comment on your wealth of knowledge, your approachability, your professional successes, and the respect you enjoy from those within your organization.  You also provide employee evaluations and a resume as evidence of your successes and job promotions.  You note that you have worked hard to build a reputation of integrity. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your post-military achievements and successes.  The Board found, however, that your professional achievements after your time in the Navy do not overcome the seriousness of your misconduct as evidenced by the general court martial conviction.  The Board found that an upgrade is not appropriate given the nature of the crimes for which you were convicted.  Accordingly, the Board determined that your other than honorable discharge is supported by the information reflected in your service record and does not merit an upgrade even in consideration of your advancement in your career and your achievements in a civilian environment. 

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, 

11/18/2019