Docket No: 5168-20
Ref: Signature Date 
 
Dear  : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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  
2 December 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
The Board determined that your personal appearance, with or without counsel, would 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. 
 
You enlisted in the Navy and began a period of active duty on 14 September 1990.  On 17 September 1990, you were counseled regarding your retention in naval service despite your defective enlistment and induction due to your failure to disclose your pre-service involvement with civil authorities.  On 31 August 1992, you received a civil conviction for car racing in public.  On 21 June 1993, you submitted a request for a good of the service (GOS) discharge to escape trial by special court-martial for a period of unauthorized absence (UA) from 19 February 1993 until your apprehension by civil authorities on 1 June 1993.  In your request for a GOS discharge to escape trial by court martial, you state your period of UA was a result of your wife’s high risk pregnancy.  On 28 June 1993, your commanding officer recommended approval of your request for GOS discharge to escape trial by court-martial.  On 8 July 1993, you were discharged with an other than honorable (OTH) characterization of service by reason of GOS.  Your Certificate of Release or Discharge from Active Duty (DD Form 214) erroneously reflects your reason for separation as “misconduct-commission of a serious offense.” 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to your desire to upgrade your discharge; your assertion that men in your apartment complex harassed your wife; and your contention that the assistance provided by your command caused you to feel abandoned, and you decided to leave.  You further contend that prior to the incident you were an exemplary Sailor.  The Board noted your retention in naval service despite your defective enlistment and induction, and civil conviction during your enlistment.  The Board also reviewed the materials that you submitted with your application.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board noted your statements regarding the events surrounding your UA are contrary to the record, and your misconduct outweighed these potentially mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
Following the review of your naval record, an administrative error was identified on your DD Form 214, in that it reflects your reason for separation as misconduct-commission of a serious offense.  Any changes necessary to your naval record will be made by the Commander, Navy Personnel Command (NPC) (Code PERS-312), 5720 Integrity Drive, Millington, TN 38055-3120.  Please contact NPC for assistance. 
 
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,