Docket No: 0740-20 
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 4 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, as well as applicable statutes, regulations, and policies. 
 
You reenlisted in the Navy on 26 May 1987.  You commenced a period of unauthorized absence (UA) from 23 October 1989 until your surrender on 24 October 1989.  You later commenced another period of UA from 26 December 1989, until your apprehension by civil authorities on 15 June 1993.  Your record is incomplete and does not contain all of the information pertaining to your discharge from the Navy.  In such cases, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears you submitted a request for discharge by reason of separation in lieu of trial by court martial.  It further appears that on 4 August 1993, you were discharged with an other than honorable characterization of service in lieu of trial by court-martial. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention of nine years of good service with an honorable ribbon medal.  You contend that you were falsely accused of using drugs, and mistreated while you were held in the restricted men’s barracks.  The Board noted that you did not provide evidence regarding false drug use accusations and mistreatment.  Further, your record did not contain evidence, to support those contentions.  After careful consideration, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 
 
The Board also reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records (BCM/NRs) “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances and your lengthy UA, your request does not merit relief. 
 
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 the 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,