Docket No: 6215-20 
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 18 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, policies.   
 
You enlisted in the Navy on 27 July 1998.  On 24 January 1999, you were disenrolled from Basic Underwater Demolition/SEAL (BUDS) training for medical reasons but, based on the decision of a suitability review board, it was recommended that you return for further BUDS training after two years.  On 24 February 1999, you received nonjudicial punishment (NJP) for a one-day unauthorized absence (UA).  On 13 January 2000, you received a second NJP for two UA periods totaling 76 days and missing ship’s movement.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense.  After you waived your procedural rights, your commanding officer (CO) recommended discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense.  The discharge authority concurred with the CO’s recommendation and directed discharge with an OTH characterization of service by reason of misconduct due to AWOL.  On 21 January 2000, you received an OTH discharge. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were not “told what would happen if [you were] hurt in the SEALS” and when you were injured in training, you were “unable to go back.”  You further contend you joined the Navy “to be a SEAL.”  The Board also noted you did not provide any documentation or advocacy letters in support of your request for an upgraded 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.   
 
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,