Docket No: 10533-18 

 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 the entire record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 
25 July 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 30 July 1999. You began a period 
of unauthorized absence (UA) on 8 August 2000 which ended on 3 November 2000. On 
4 January 2001, you received nonjudicial punishment for UA and missing ship’s movement. 
Subsequently, you were notified of pending administrative separation action by reason of 
misconduct due to commission of a serious offense. After you waived your procedural rights, 
your commanding officer recommended discharge with an other than honorable (OTH) 
characterization of service by reason of misconduct due to commission of a serious offense. The discharge authority approved the recommendation and directed an OTH discharge by reason of 
misconduct due to commission of a serious offense. On 1 May 2001, you were discharged. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and 
considered your contention that you “thought you received a hardship discharge”. Specifically, 
the Board considered your contention that you requested a hardship discharge in order to serve as your mother’s guardian after she was diagnosed with ovarian cancer. You further contend you 
told your senior noncommissioned officer you were traveling to to check on your 
mother and were told “not to get into any trouble and turn myself in voluntarily to a military 
base”. Additionally, the Board considered your contention that you were severely assaulted by 
two of your shipmates which “didn’t give you the right to take it upon myself to make that 
decision, but being young and scared, I felt alone and reacted carelessly”. Lastly, the Board 
considered the advocacy letters submitted on your behalf, except the one written in Spanish. 
Unfortunately, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. Based on your misconduct, the Board determined you were assigned an appropriate characterization of service. Even under the liberal consideration 
standard, the Board found your intentional misconduct warranted an OTH characterization of 
service. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 

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.