Docket No: 1847-20
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 18 September 1990.  You subsequently completed this enlistment on 19 July 1994 with an Honorable characterization of service and reenlisted on 20 July 1994.  On 1 September 1994, you received non-judicial punishment for an unauthorized absence.  On 13 December 1995, you were convicted by special court-martial of an unauthorized absence for the period from 24 July 1995 to 12 November 1995.  As punishment, you were awarded confinement and reduction in rank.  
 
Subsequently, on 9 February 1996, 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 13 June 1996, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that the reason for your unauthorized absence was to get your four year old daughter whose mother was arrested and in jail.  You felt that at the time you needed to be there for your daughter.  You further contend that while awaiting transfer back to the ship, you requested a hearing and did not receive one.  A Navy representative came to you, offered you an OTH, and told you that it would help you get to your daughter faster and within six months it would be changed to honorable.  You accepted the discharge thinking that it would be changed to honorable.   
 
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).    However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
Additionally, there is no provision of law or in Navy regulations that allows for re-characterization of service to be automatically upgraded after 6 months.  Regarding your request for all court, medical, and discharge records, you may contact the National Personnel Records Center for all records pertaining to your period 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,