Docket No: 5176-20 
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 9 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). 
 
You enlisted in the Navy on 17 November 1988.  During the period from 5 May to 17 August 1989, you received two non-judicial punishments (NJP) for five specifications of failure to go to your appointed place of duty and two specifications of failure to obey a lawful order or regulation, two specifications of unauthorized absence totaling seven days, and missing ship’s movement.  On 8 April 1990, a summary court-martial (SCM) convicted you of unauthorized absence (UA) totaling 162 days.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After waiving your right to counsel and an administrative board, your commanding officer recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed that you be separated with an OTH discharge by reason of misconduct.  On 11 May 1990, you were discharged.  

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, contentions that you went into a UA status because your wife was pregnant with your second child, your leave request was denied on three separate occasions, and you were asked at your SCM if you wanted out of the Navy and you replied yes, under the belief you requested a discharge and had an option.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your two NJPs and SCM, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
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,   
1/13/2021
Executive Director