Docket No: 1353-20
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 was 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 26 October 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, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.  
  
You enlisted in the Navy and began a period of active duty on 30 December 1977.  On 24 November 1978, you began an unauthorized absence.  On 20 September 1979, you were apprehended by civilian authorities.  On 27 September 1979, a charge and specification of Unauthorized Absence (UA) was preferred against you.  On 10 October 1979, you consulted counsel and requested a Separation in Lieu of Trial (SILT).  On 23 October 1979, your Commanding Officer recommended approval of the SILT request.  On 31 October 1979, the Convening Authority approved your SILT and directed an Under Other than Honorable Conditions (OTH) discharge.  On 2 November 1979, you were discharged with an OTH discharge. 
 
You requested an upgrade of your discharge to General Under Honorable Conditions. You said you quit school early in order to join the Navy.  You asserted you greatly regretted going UA in what was an impulsive move and the underlying reason for your OTH discharge stemmed from the loss of three family members during the time you were in school.  You asserted you were doing fine during basic training where you were a Recruit Petty Officer and received outstandings on unit personnel inspections.  You also asserted you were told that your schoolwork was the priority and were told to get over it when you saw the chaplain.  Finally, you asserted that your Senior Chief pulled you aside and said you should just go home if you wanted out of the Navy, which you did until you turned yourself in.  After leaving the Navy, you assert that you completed high school and have owned and operated a trucking business for the past 15 years.  In reviewing the circumstances of 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).  Accordingly, the Board considered and acknowledged your positive contributions to the Navy and your post-discharge achievements.  Even 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.  The Board concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
  
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,