Docket No: 7460-20/
           7813-18
Ref: Signature Date                                                                                        

 
Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application.  A three-member panel of the Board, sitting in executive session, considered your application on 27 January 2021.  The names and votes of the members of the panel will be furnished upon request.  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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You presented as evidence a personal statement, information from   and the letter from  County Veterans Office.  The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge, and all of the contentions in your application.  Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief.  Specifically, after careful and conscientious consideration of the entire record, the Board determined that the documentation that you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice.  Regarding your contentions that you were an alcoholic while serving in the Navy and you requested a discharge but was denied, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that a special court-martial (SPCM) convicted you of being in an unauthorized absence status for 205 days and sentenced you to a bad conduct discharge.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.    
 
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,