Docket No: 1398-20 
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 18 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, 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 5 March 1984.  On 18 August 1985 you were convicted by summary court-martial of an unauthorized absence for the period from 20 May 1985 to 18 July 1985 and missing ship’s movement.  As punishment you were awarded confinement, forfeiture of pay, and reduction in rank.   
  
Subsequently, on 16 September 1985 you were notified that you were being recommended for administrative discharge from the naval service because of misconduct due to commission of a serious offense.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board.  Your commanding officer recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 21 October 1985 you were so discharged. 
 
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 in your case including your desire to upgrade your discharge.  The Board considered your assertion that when you were discharged you were informed that you could have your discharge upgraded when you were released from active duty. However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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,