Docket No: 1296-20
Ref: Signature Date                 

Dear  : 
 
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 4 November 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, and policies. 
 
You enlisted in the Navy and began a period of active service on 21 September 1987.  On 13 March 1990, you were convicted at a special court-martial (SPCM) for two specifications of UA, totaling 341 days.  You were sentenced to forfeiture of pay, confinement, and a bad conduct discharge (BCD).  On 30 April 1991, you were discharged with a BCD, as a result of a court martial conviction.    
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  You assert your mother was diagnosed with a chronic illness, and your grandmother passed away, which resulted in your UA.  You contend, you attempted to contact your command but you were unable to reach anyone.  You express regret for your actions and acknowledge your violation of the uniform code of military justice.  The Board reviewed the advocacy letters you submitted with your application.  The Board commends your post service conduct.  Notwithstanding, the Board noted your application did not include evidence to support your contentions, nor was there supporting evidence in your naval records.  Even after considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  
 
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,