Docket No:  9719-19 
Ref: Signature date 


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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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 2 March 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 22 January 2008.  On 28 August 2014, you were notified of 86 unauthorized charges over approximately 30 days, totaling $2951.33, on your government travel credit card (GTCC) in violation of your government travel card statement of understanding and constituting misuse of the card.  While under investigation for the foregoing, on 11 September 2014, you were arrested by Police for “Unlawful Wounding.” Subsequently, administrative action was initiated to separate you from the naval service by reason of misconduct due to your commission of a serious offense as evidenced by your foregoing arrest and your unauthorized use of your GTCC.  On 20 October 2014, you were advised of, and waived in writing, your procedural rights, including your rights to consult with or be represented by legal counsel and your right to request that your case be heard by an administrative discharge board (ADB).  Your written waiver specifically stated that the “least favorable characterization of service possible is under other than honorable conditions.”  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 24 October 2014, your commanding officer (CO) recommended that you be separated with an other than honorable (OTH) characterization of service due to your misconduct.  On 27 October 2014, the separation authority agreed and directed that you be so discharged.  On 31 October 2014, you requested a “renotification of board procedures.” Your untimely request was denied and you received an OTH discharge on 25 November 2014. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your characterization of service or be restored to active duty, and assertions you that were treated in an unusual manner because you are homosexual.  The Board also considered your assertions that comments were made by your supervisors that would have been considered potentially homophobic.  The Board considered your assertions that the credit card charges were made by your roommate, you paid them, your roommate’s arm was broken in a fight regarding the unauthorized charges and you were found not guilty of criminal charges resulting from the fight.  Finally, the Board considered your assertions that you were fighting for your life, the chain of command told him told you the best option to avoid a court-martial was to be kicked out, the command legal officer told you to sign the discharge paperwork and you were confused as to it being an honorable or general discharge. 

The Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in your administrative separation for Misconduct (Serious Offense) even if resulting solely from the unauthorized charges on the GTCC.  The Board recognized that you were found not guilty in a criminal court and did not consider those charges.  The Board also noted that your service record does not support, and you provided no evidence to support, your assertions that you were treated in an unusual manner because you are homosexual, that your supervisors purportedly made comments that would have been considered potentially homophobic, and that the chain of command pressured you to sign the discharge paperwork. Finally, the Board noted that you knowingly, consciously, and voluntarily waived for ADB rights, as evidenced by your written waiver and your CO’s statements in his denial of your renotification request. By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable 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.