Docket No: 5218-20 
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 2 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 15 June 1993.  During the period from 10 June 1994 to 12 November 1994, you received non-judicial punishment (NJP) on three separate occasions.  Your offenses were two periods of unauthorized absence totaling three days, absent from your appointed place of duty and dereliction of duty. 
 
Subsequently, on 18 November 1994, you were notified that you were being recommended for administrative discharge from the naval service because of misconduct due to pattern of misconduct.  You were advised of, and waived your procedural right, to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed your administrative discharge with an OTH characterization of service.  On 9 December 1994, 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 contentions that: (a) during the Gulf War you repeatedly suffered from migraines due to working in a very hot engine room, and that this is still a medical concern for you today; (b) the severe migraines are and were debilitating to you, and you could not be near the vicinity of any light or noise as this caused extreme vomiting; and you were never involved with any violence or malicious acts.  In regards to your contentions concerning your medical condition, the Board recommends that you contact your nearest Department of Veterans Affairs (VA) office concerning your right to apply for benefits. 
 
The Board noted you did not provide any documentation or advocacy letters in support of your request for an upgrade of your characterization of service.  Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your misconduct warranted an OTH characterization of service given the seriousness of your misconduct.  
 
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).  Accordingly, the Board considered and acknowledged your positive contributions to the Navy, the length of your active duty service to our nation, and your post-discharge achievements.  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 concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
 
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,