DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2163-19 Ref: Signature Date 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 17 March 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as 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 on 3 May 1989. On 24 January 1992, civil authorities convicted you of possession of cocaine and third degree escape. You were sentenced to one year and 91 days - time served. On 29 April 1992, you were returned to military control after being in an unauthorized absence (UA) status for 171 days. According to your Certificate of Release or Discharge from Active Duty, you submitted a written request for separation in lieu of trial by court-martial (SILT). Although the Board lacked your entire service record, the Board relied on a presumption of regularity that prior to submitting this request, you conferred with a qualified military lawyer, who advised you of your rights and warned of the probable adverse consequences of accepting such a discharge. Your request was granted and your commanding officer (CO) was directed to separate you with an other than honorable (OTH) characterization of service. As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of such a punitive discharge. On 17 June 1992, you were discharged. As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumed that you were properly discharged from the Navy. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that while on convalescent leave recovering from a gunshot wound, you were afraid to return to your unit. However, the Board found that these factors were not sufficient to warrant relief in your case given your request for a SILT and your civil conviction. In regard to your contention that while on convalescent leave recovering from a gunshot wound, you were afraid to return to your unit, the Board noted that the record contains documented evidence, which is contrary to your contention. The record shows that on 24 January 1992, civil authorities convicted you of possession of cocaine and third degree escape for which you served time prior to being returned to military control. The Board also noted that there is no evidence in your record, and you submitted none, to support your contention. The Board discerned no probable material error or injustice in your discharge that warrants an upgrade in the characterization of your 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, 4/10/2020