Docket No: 5816-19 
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 and to change the narrative reason for your separation insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file your application in a timely manner, the Board found it to be 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 your application on 12 August 2020.  The names and votes of the board 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. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Accordingly, the Board determined that such an appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 23 January 2002.  On 20 November 2005, you submitted a urine sample that subsequently tested positive for the use of cocaine.  On 24 November 2005, you were arrested by civilian authorities for driving under the influence of alcohol.  You then failed to report for duty on the next work day of 28 November 2005, and remained absent without leave until 27 December 2005.  Almost immediately upon your return, you again absented yourself from your unit without leave while awaiting another urinalysis test that was being administered as a consequence of your unauthorized absence.  You remained absent on this occasion from 27 December 2005 until 9 January 2006.  On 18 January 2006, you were convicted by a summary court-martial of two specifications of unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ), and for wrongful use of a controlled substance in violation of Article 112a, UCMJ.  On 18 January 2006, you were notified that you were being recommended for an administrative discharge and waived your right to an administrative separation board.  While your administrative separation was pending, you again absented yourself without leave on 9 March 2006.  On 28 March 2006, you were discharged in absentia under other than honorable (OTH) conditions.  On 10 March 2011, the Naval Discharge Review Board reviewed your submission and denied your request to upgrade your discharge. It did, however, correct the date that you entered the Navy in your official records.   
 
You asserted in your petition that your OTH discharge and the narrative reason for your discharge were “unjust, made in haste and without consideration of the facts.”  Upon a careful review of the records, including all of the materials submitted in support of your petition, the Board did not agree with this assertion.  In light of the severity of your misconduct, the Board found no evidence of error or injustice that would warrant the upgrade of your characterization of your service or a change to the reason for your discharge. 
 
In addition to reviewing your case for error or injustice, the Board also considered whether relief was warranted in your case on equity grounds pursuant to guidance provided by the Under Secretary of Defense for Personnel and Readiness on 25 July 2018.  In this regard, the Board considered your naval records reflecting generally good conduct prior to the instances of misconduct described herein, as well as the numerous documents you provided reflecting your post-service volunteer activities, educational accomplishments, active participation in rehabilitative treatment programs, and several inmate evaluation reports reflecting your excellent performance in Advanced Job Training programs.  While the Board recognized your rehabilitation efforts and commended you on your significant achievements, it determined that these efforts did not outweigh the severity of your misconduct.  Accordingly, the Board determined that relief on this basis is not warranted at this 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 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,