Docket No: 0710-19 
Date: Ref Signature 
 
                
Dear : 
 
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 for Correction of Naval Records, sitting in executive session, considered your application on 22 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 reserves with a two-year commitment of active service on 23 September 1992.  On 15 March 1994, you were counseled regarding your failure to pay just debts.  On 18 May 1994, you were counseled regarding misconduct.  On 3 May 1995, you were counseled regarding your misconduct.  On 23 June 1995, you received non-judicial punishment (NJP) for wrongfully and willfully impersonating a petty officer.  On 26 June 1995, you were notified of the initiation of administrative separation processing by reason of misconduct-commission of a serious offense.  On 29 September 1995, an administrative discharge board (ADB) convened and recommended your discharge by reason of misconduct commission of a serious offense, with a general characterization of service.  On 7 October 1995, your commanding officer recommended your discharge by reason of misconduct commission of a serious offense, with a general characterization of service On 13 November 1995, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct.  On 30 November 1995, you were discharged.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions you were on active duty and not in the reserves.  With regarding your service branch, the Board noted your enlistment documents reflects a 2 year commitment of active duty in the Naval Reserves therefore no change is warranted. The Board concluded your misconduct did not outweighed your current desire to upgrade your discharge.  The Board in it review discerned no impropriety or inequity in the 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 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.