Docket No: 8052-20/
           5248-08                                                                              
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 10 February 2021.  The names and votes of the panel members 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 the 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, 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). 
 
You presented as new evidence a personal statement.  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.   
 
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 contention that there is no legal basis for you being charged with desertion; you were not informed of the date and place of your hearing; you were not a US citizen, but a returning Canadian citizen to your country; you served the American Industry overseas since 1975; and you served 27 months of a 48 month enlistment in the Navy.  
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board did not agree with your contention that there is no legal basis for you being charged with desertion.  With regard to your contention that you were not informed of the date and place of the hearing, the Board noted that you were in an unauthorized absence status and discharged in absentia.  The Board further noted that even though you were not a US citizen, you enlisted in the US Navy and were governed by the laws and regulations of the US Navy.  In regard to your contention that you served the American Industry overseas since 1975, the Board commended your post service conduct, but noted that it does not outweigh your conduct while enlisted in the Navy or the basis for your discharge.  Finally, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  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,