Docket No: 5896-20
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 for Correction of Naval Records, sitting in executive session, considered your application on 21 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 their understanding of the issue(s) 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 29 January 2001.  On 13 January 2003, you began an unauthorized absence that ended on 2 May 2003.  On 5 May 2003, you began a two day unauthorized absence.  On 8 May 2001, you were convicted at a Summary Court-Martial (SCM) of Unauthorized Absence.  Subsequently, administrative separation action by reason of Misconduct was initiated against you.  On 5 June 2003, your Commanding Officer recommended you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.  On 30 June 2003, you were administratively separated with an OTH discharge.  On 23 December 2015, the Naval Discharge Review Board upgraded your discharge to General.   
 
You requested an upgrade of your discharge, reentry code and narrative reason. You noted that you regret the mistakes you made when you were young and in a difficult position.  You asserted that you learned your wife was cheating with a shipmate, which led to divorce and your losing custody of your children.  You also asserted she was an irresponsible mother and you feared for your children’s welfare and subsequently were granted custody.  You also asserted you were so angry at the shipmate that you didn’t want be onboard.  Finally, you asserted that you have no criminal record since the Navy, received a Bachelor’s Degree and will soon complete your Master’s Degree from Colorado State University.  In addition, you regularly give to charity and sponsor children through Compassion International and want to reenlist in the reserves, but RE-4 prevents reenlistment.  While the Board commends your post-service conduct and contribution to society, the Board concluded that these factors and assertions were not sufficient to warrant a further upgrade to the characterization of your discharge. 
  
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,