DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  1244-19             
Ref: Signature date 

This letter 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 that 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 7 October 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 25 July 1995.  On 23 September 1997, nonjudicial punishment (NJP) was imposed on you for an unauthorized absence (UA) from 22 June 1997 to 15 September 1997.  Approximately one month later, you again absented yourself without authoritation from 23 October 1997 to 20 November 1997, for which you received your second NJP on 22 November 1997.  Subsequently, you were notified that administrative discharge action was initiated to separate you from the naval service by reason of your pattern of misconduct (your two UAs totaling 109 days). In that written notification it was stated that the “least favorable characterization of service in your case is Other Than Honorable.”  On 2 December 1997, you were advised of, and waived, your procedural rights, including your right to be represented by legal counsel and to request that your case be heard before an administrative discharge board (ADB).  On 4 December 1997, your CO stated that you had “expressed [your] desire to be discharged from the navy at any expense,” and recommended you be separated “immediately” with an other than honorable (OTH) characterization of service. On 10 December 1997, the separation authority concurred with your CO’s recommendation and on 24 December 1997, you were so discharged.   

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contentions that you went through some “serious family issues” and had to choose to “stay in or take care of [your] business.” The Board also considered your regret over your decision and the actions you took when enlisted, as well as your contention that you have lived a crime free life since your discharge. 

However, the Board concluded these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs for periods of unauthorized absence totaling 109 days.  The Board also noted that you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable 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. 

Sincerely, 

11/22/2019