Docket No: 5682-20            
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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 14 September 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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 entered the Navy and began a period of active duty on 14 January 1997.  On 22 October 1998, you received nonjudicial punishment (NJP) for absence without leave and false official statement.  On 24 August 1999, you received a second NJP for absence without leave and wrongful use of a controlled substance.  Thereafter, on 15 November 1999, you were discharged from the Navy on the basis of misconduct, and received an other than honorable discharge and a reentry (RE) code of RE-4. 
 
In your application for consideration, you have asked that your other than honorable discharge characterization be upgraded to honorable.  You stated that the nature of your misconduct was completely out of your control due to your medical condition and a lack of medical attention.   
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were suffering from a medical condition that impacted your conduct.  The Board noted that you did not provide medical or treatment information from either your time in the Navy or from the time after your discharge from military service.  The Board found that there was not sufficient evidence either in your service record or provided by you that supported your contention that a medical condition impacted your conduct.  The Board reviewed your available service record and, in the absence of any evidence to the contrary, determined that the misconduct reflected therein supported receipt of an other than honorable discharge.  The Board concluded that your current discharge does not reflect an error or injustice that merits corrective action. 
 
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,