DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9028-17 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was 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 for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2019. The names and votes of the members of the panel 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 this 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. You enlisted in the Navy and began a period of active service on 26 June 2000. During the period from 16 October to 20 November 2000, you were in an unauthorized absence (UA) status which terminated by your surrender. On 27 November 2000, you submitted a request for separation in lieu of trial by court-martial. You waived your right to consult with counsel, admitted your guilt to the charge of UA, and declined to make a statement on your own behalf. On 27 December 2000, the discharge authority approved your request and directed an under other than honorable characterization of service. On 4 January 2001, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were told there was surplus of military members and given the option to stay in or be discharged. The Board concluded there is insufficient evidence to warrant relief in your case given your specific request to be discharged from the Navy and your lack of evidence to support your contention. The Board in its review discerned no impropriety or inequity in the discharge. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, 4/9/2019 Executive Director