DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1597-21 Ref: Signature Date Dear Petitioner: 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 2 August 2021. The names and votes of the panel members 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, including the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). You enlisted in the Navy and commenced a period of active duty on 17 September 1992. Afterward, you reenlisted on several occasions, and on 15 August 2007, you were convicted by a special court-martial for making a false official statement on four occasions, larceny on two occasions, forgery, and engaging in a fraud against the United States. As part of your punishment, you received a bad conduct discharge. On 1 July 2008, you were discharged with a bad conduct discharge. In 2010, you filed an application with the Naval Discharge Review Board (NDRB), seeking clemency in order to enhance your employment opportunities, contending that your court-martial sentence was inequitable given your 15 years of good service, and also seeking clemency based on your post-service achievements. On 5 April 2011, the NDRB denied your application. The Board carefully considered all potentially mitigating factors in your current petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo. You contend in your petition that: (a) since your discharge, you have remained consistently employed; (b) you have dedicated yourself to helping others by providing exceptional medical care including by working at assisted living centers in a medical care role; (c) you have bettered yourself through academic excellence and received your Bachelor of in 2013, Master of in 2019, and you are currently pursuing a Doctor of Degree; (d) you have also been trained in Medication Aide Training, leadership courses, venipuncture, and numerous other areas that directly relate to the medical profession; (d) in addition to these employment and academic achievements, you are also active in your community, promoting philanthropy in the community as a member of The Order of the Eastern Star, a member of Team Rubicon Disaster Response, and a volunteer for Habitat for Humanity; and (e) you are truly repentant. The Board also carefully reviewed the character letters that you provided. In review of all of your materials, the Board did not find an injustice in your record warranting relief. The Board commended you for your educational and employment achievements and your community spirit. Nevertheless, the Board determined that the charged misconduct for which you received your court-martial conviction and subsequent discharge were serious and it did not believe that a there was an error or injustice warranting relief in your case. In conclusion, given the totality of the circumstances, as well as a review of your overall service record, the Board determined that your request does not merit relief. 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, 8/6/2021