Docket No: 8215-20 
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 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 5 March 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, 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 enlisted in the Navy and began a period of active duty on 28 October 2002.  On 22 May 2003, you graduated from the Hospital Corpsman School.  On 4 September 2003, you were counseled for good performance while assigned to the MMPO.  On 22 April 2004, you began a period of unauthorized absence (UA) which lasted fifty-four days.  On 4 July 2004, you were counseled for UA, and substandard performance.  Consequently, you were notified further deficiencies may result in the initiation of administrative separation proceedings.  On 14 July 2004, you were discharged.  On 27 September 2016, the Naval Discharge Review Board (NDRB) reviewed your request for a discharge upgrade and determined that your discharge should not be changed. 

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 contention that you received an approval letter from the VA stating that your discharge characterization is honorable.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your UA and substandard performance, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters to be considered.  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 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,