Docket No: 9593-19 
Ref: Signature date 
 

Dear 
 
This letter 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 with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 16 September 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered the case based on the evidence of record. 
 
You enlisted in the Navy 22 September 1992, at the age of 17.  On 17 July 1995, you received nonjudicial punishment for two instances of assault.  On 4 October 1995, you were convicted by a summary court-martial for two additional instances of assault.  On 5 October 1995, you were notified of the initiation of administratively discharge proceedings by reason of misconduct due to the commission of a serious offence.  You elected not to consult with counsel and waived your right to an administrative board (ADB).  On 6 November 1995, you were discharged with an other than honorable characterization of service. 
 
The Board carefully reviewed the materials that you provided and carefully considered your contentions, including that after your deployment on    , you started a few bad habits that you regret to this day, you were young and had never been so far away from home, and that you were hanging around with the wrong people and drinking.  You also explained that you were young and did not know the process, did not speak up, did not ask any questions, and you did not have proper representation for the process.  You also believe that you made a few mistakes but feel it does feel warrant discharge you received.  The Board also considered the letters of support that you have enclosed with your application.  After careful consideration, the Board did not find an error or injustice that would justify upgrading your characterization of service.  With regard to your contention that you did not have proper representation for the process, the record shows that you waived your right to consult with counsel.  You also waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service.  The Board commended you for personal accomplishments since the time of your discharge, but determined that the weight of the misconduct for which you were discharged overcame the positive aspects that you have set forth.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  He is 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.   
 
Sincerely,