Docket No: 7444-19 
Ref: Signature Date           
 

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, sitting in executive session, considered your application on 9 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 7 August 2008.  On 22 August 2012, you were convicted by summary court-martial (SUM) for violating two specifications of Articles 81 (conspiracy) and 121 (larceny) of the Uniform Code of Military Justice (UCMJ).  You and your spouse stole MacBook laptop computers from the Navy Exchange using a baby stroller.  You were sentenced to restriction and reduction in rank to E-4.  On 30 August 2012, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.  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) conditions discharge and the separation authority approved your separation from the Navy.  On 24 October 2012, you were discharged with an OTH characterization of service and a reentry code of RE-4. 
 
You request the Board upgrade your discharge to honorable and change your RE code.  You assert you had an outstanding military record with the exception of the court-martial, have tried 
to subsequently lived your life to the highest standards, and indicated your strong desire to reenter the military.  You stated your actions at the time of the incident were that of a foolish young man, were wrong, went against Navy’s core values, and you brought shame to yourself and your family that has many military members, all of whom served honorably. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were not sufficient to warrant a change to your discharge or RE code.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 
 
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.