Docket No: 4148-20
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 7 December 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 duty on 24 August 2001.  On 3 April 2002, you began a period of unauthorized absence (UA) that ended on 16 October 2002.  On 17 October 2002, you were charged with UA for the aforementioned period.  You waived your right to counsel and requested a Separation in Lieu of Trial (SILT) by Court-Martial.  On 5 November 2002, the Convening Authority approved your SILT and directed your separation with an Other than Honorable Conditions (OTH) characterization of service.  On 13 November 2002, you were separated from the Navy with an OTH characterization of service. 
 
You requested an upgrade of your discharge to Honorable.  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).  You contend your case does not fit an OTH because naval personnel made errors and never notified you of a Red Cross call or messages from your mom regarding your father’s heart attack.  You asserted that this caused you to miss your father’s funeral.  You further asserted your loyalty to the Navy died with your dad and you signed an OTH as the fastest way to be processed out.  Unfortunately, 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 noted that by submitting your request for a SILT, you waived your procedural rights in connection with your court-martial and administrative separation.   
 
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. 
   
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,