DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6531-19 Ref: Signature Date Dear Mr. : 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 28 August 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, and applicable statutes, regulations, policies. You enlisted in the Navy and began a period of active duty on 28 June 2000. On 14 December 2001, you began a period of unauthorized absence which ended when you surrendered on 9 April 2002. Your record is incomplete in that it does not contain all the documents pertaining to your administrative discharge. However, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that you submitted a written request for discharge for the good of the service in lieu of trial by court-martial. Prior to submitting this request, you would have been required to confer with qualified military counsel, at which time you would have been advised of your rights and warned of the probable adverse consequences of accepting such a discharge. Your request was granted, and your commanding officer was directed to discharge you for the good of the service with an other than honorable (OTH) characterization of service. As a result, you were spared the stigma of a court-martial conviction, as well as the potential penalties of a punitive discharge. You were discharged on 10 May 2002. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your “misconduct was minor and over a brief period of time.” The Board also considered your detailed statement regarding the loss of your fiancée, the challenges you faced with depression, the near-loss of your father unexpectedly, and the disappointments in your professional path. The Board also considered your love of country and need for benefits. Finally, the Board noted that you received a benefit from being allowed to separate with an OTH characterization of service instead of risking greater punishment at a court-martial. Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency. Even under the liberal consideration standard, the Board found your misconduct warranted an OTH 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 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, 10/30/2020 Executive Director