Docket No: 7207-20
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.     
 
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. 
 
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 December 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 20 November 2000.  On 21 September 2002, you were convicted of Desertion, Unauthorized Absence, Missing Ship’s Movement and Wrongful Use of Controlled Substance at a Summary Court-Martial (SCM).  Subsequently, administrative separation action by reason of Misconduct due to Commission of a Serious Offense and Wrongful Use of Controlled Substance, was initiated against you.  You waived your right to counsel and your right to an administrative board.  On 7 October 2002, your Commanding Officer forwarded your package to the Separation Authority recommending your administrative separation with an Other than Honorable (OTH) characterization of service.  On 17 October 2002, the recommendation was approved, and on 5 November 2002, you were separated from the Navy.  
 
You request an upgrade of your discharge to General.  In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your assertions that you matured and realized you made a mistake over 18 years ago; had you continued your military career, you would retire soon; and you regret your poor decisions.  You also assert that since leaving the military, you were a single father and raised three children before meeting your wife and having two more children.  Finally, you assert you have worked at your current job for over 11 years and look forward to continuing to work there.   
 
However, even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your misconduct, which resulted in an SCM conviction for drug use.  The Board also noted that you waived your rights with regard to 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,