Docket No: 8293-20
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.     
 
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 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 enlisted in the Navy on 16 June 1992.  Entries in your service record on 1 December 1994 reflect your use of cocaine and marijuana.  On 11 January 1995, you were convicted by a special court-martial for unauthorized absence and missing ship’s movement by neglect.  On 10 April 1995, you were notified of the initiation of administrative separation proceedings due to commission of a serious offense as well as for misconduct due to drug abuse.  You waived your right to an administrative discharge board, and on 24 May 1995, your commanding officer recommended to Navy Personnel Command that you be separated with an other than honorable (OTH) characterization of service.  On 30 August 1995, you were discharged with an OTH characterization of service.  On 25 November 1998, the Naval Discharge Review Board (NDRB) denied a petition you filed for an upgrade of your discharge characterization.  In its denial of your petition, the NDRB informed you of your ability to submit post-service matters in clemency.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo.  You contend that you had asked to miss underway time in order to deal with what you called a “scam marriage.”  You ultimately entered a period of unauthorized absence to deal with the issue and that resulted in missing movement, which precipitated a negative decline in your naval career.  After leaving the Navy, you have lived a clean life, and you would like to get the negative discharge behind you.  The Board carefully considered your contentions and noted that you did not contain provide any evidence of your post-service accomplishments.  Based upon its review of the entirety of the record, the Board concluded that the misconduct evidenced by your special court-martial conviction, outweighed the potentially mitigating factors that you provided, and the evidence you provided was insufficient to warrant 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,