Docket No: 8491-20
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 27 January 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). 
 
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 enlisted in the Navy and began a period of active duty on 8 July 1987.  On 28 July 1987, you commenced a period of unauthorized absence (UA) that subsequently concluded upon your surrender to military authorities on 31 July 1987 totaling three days.  On 3 August 1987, you again commenced a period of UA that subsequently concluded upon your surrender to military authorities on 17 September 1987 totaling 44 days.  On 19 October 1987, you submitted a written request for separation in lieu of trial (SILT) by court-martial for the foregoing periods of UA.  Prior to submitting this request, you conferred with a military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  As part of this discharge request, you admitted your guilt to the foregoing offenses and acknowledged that your characterization of service upon discharge would be other than honorable (OTH).  Your request was granted and your commanding officer was directed to issue you an OTH characterization of service by reason of separation in lieu of trial.  On 5 November 1987, pursuant to your request, you were so discharged. 
 
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, change your separation code and reenlistment code, and your contentions that: (1) your discharge was improper because the reason leading to your UA was not considered; (2) when you went home during your time of UA, you admitted to using drugs and alcohol to your family, and after speaking with your family, they took you to a treatment center, where you were admitted and remained for six weeks; (3) you successfully completed treatment and were discharged from the treatment center on 16 September 1987; and (4) after completion of your treatment, you turned yourself in, and you were not a deserter as declared in the record.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your subsequent discharge at your request to avoid trial by court-martial for two specifications of UA totaling 47 days, outweighed these mitigating factors.  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,