Docket No: 2870-20 
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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 9 June 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 29 February 2000.  On 1 August 2001, you were convicted at summary court-martial of an unauthorized absence (UA) for a period of 35 days.  On 23 April 2004, charges were preferred for a second period of UA, lasting 17 months.  Later that day, you requested separation in lieu of trial by court-martial (SILT).  On 27 April 2004, the convening authority approved the SILT.  On 6 May 2004, you were discharged from the naval service with an other than honorable (OTH) characterization of service, an RE-4 reenlistment code, and separation in lieu of trial as the narrative reason for separation. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, to assist in the COVID-19 response, and to aid anywhere.  The Board also considered your assertions that you are working with a recruiter to reenlist and need an RE-3 reentry code, your characterization of service changed to uncharacterized, and a change to your narrative reason for separation.  The Board concluded these factors and assertions were not sufficient to warrant the changes requested given your misconduct, which resulted in a summary court-martial conviction and a request for a SILT.  The Board noted you waived your procedural rights in connection with your court-martial after consultation with a defense lawyer.  By doing so, you gave up your first, and best, opportunity to force the Navy to prove your guilt or advocate for retention or a more favorable 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 the 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,