Docket No: 6769-20            
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 26 October 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 21 November 1994.  You embarked on a period of unauthorized absence (UA) from 6 June 1995 through 15 August 1995.  On 14 September 1995, you were found guilty at summary court martial of desertion and wrongful use of marijuana.  You were notified of administrative separation proceedings initiated against you on the same day, and subsequently waived your right to appear before an administrative separation board.  You were discharged on 27 October 1995, on the basis of misconduct, and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 
 
In your application for correction, you ask that your other than honorable discharge be upgraded to honorable.  You state that you made poor choices as a 19 year old, and those choices do not reflect the man you are today.  You also state that under your father’s leadership, you began to thrive in discipline and character development.  You note that you became a member of a church, are a full time student, and have grown into a community member, volunteer and leader within your profession.  You also provided a personal statement and character letters in support of your application. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your youth at the time of your misconduct and your post-discharge achievements and contributions to your church, your profession and your community.  The Board reviewed the information in your service record determined that even in consideration of the mitigating factors surrounding your request, the misconduct detailed in your record was not overcome by the evidence you submitted to the Board.  The Board concluded that your discharge was executed without error or injustice, and 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,