DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1361-19 Ref: Signature Date Dear : This is in reference to your application of 10 January 2019 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 26 February 2020. 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 4 March 1987. On 27 August 1989, you were convicted by summary court-martial (SCM) of two specifications of unauthorized absence for the period 1 to 2 May 1989 and 10 May 1989 to 12 July 1989, and missing ship’s movement. Subsequently, you were notified of an administrative action to separate you from the naval service because of misconduct due to commission of a serious offense. You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The discharge authority approved the CO’s recommendation and directed that you be separated with an OTH discharge for misconduct due to commission of a serious offense. On 6 October 1989, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contention that you did all the necessary paperwork to get your daughter added to your “BAQ” and was denied. When your ship was departing for six months, your daughter was ill; you left the ship to be able to take care of her. You understand that this was wrong but at 18, you thought it was the right thing to do. Your daughter has since then grown up and received her Master’s Degree, the mother of your daughter has a Doctoral Degree and your son has a Master’s Degree as well. You have been on your current job for over 20 years; you have learned a ton from your military experience. The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in a SCM conviction. Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 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.