Docket No: 5985-20
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 30 November 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 May 2001.  On 29 November 2001, you began an unauthorized absence and were apprehended on 24 September 2002.   On 8 October 2002, one specification and one charge of Unauthorized Absence were preferred.  On 9 October 2002, you consulted counsel and requested a Separation In Lieu of Trial (SILT).  On 9 October 2002, your Commanding Officer recommended the SILT request be approved.  On 21 October 2002, the Convening Authority approved the SILT request and directed you be administratively separated with an OTH discharge.  On 29 October 2002, you were discharged with an OTH discharge.   
 
You have requested an upgrade of your discharge to Honorable or General. You said the correction should be made because prior to your discharge, you found out your mother was diagnosed with breast cancer, you were only 18 or 19 years old and felt it was your responsibility to be there for her and the family. You admitted that you understood that accepting the OTH discharge was the fastest way to provide for your family.  You asserted that if you could change it, you most definitely would.  You also asserted you became a teacher and now teach at , but the discharge has cost you potential opportunities.  The Board reviewed your request and all of the factors and contentions you have asserted, and concluded these factors and assertions were not sufficient to warrant a change to your discharge status.  The Board noted that your SILT request waived your rights with regard to trial and discharge proceedings.   
 
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,