Docket No: 3378-19 
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 28 May 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. 
 
You enlisted in the Navy and began a period of active duty on 26 June 1984.  On 28 March 1985, you received non-judicial punishment (NJP) for unauthorized absence (UA) and missing ships movement.  On 25 February 1986, you received (NJP) for attempting to break restriction and wrongfully possessing a military ID card while restricted.  On 25 March 1986, you were convicted at a special court-martial (SPCM) for two specifications of unauthorized absence (UA) and missing ships movement.  On 14 May 1986, you were notified of the initiation of administrative separation proceedings by reason of misconduct-commission of a serious offense, at which point, you waived counsel and your procedural rights.  On 5 July 1986, the discharge authority approved and directed your discharge.  On 18 July 1986, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions.  You contend that while on leave for the birth of your first 
child, your ship changed commands, and that the previous commanding officer (CO) knew of your situation, but the new CO did not.  You admit to missing ships movement, but you claim that you were not absent without leave, but were awaiting a flight to the ship.  Your application did not include evidence to support your contentions, nor was there supporting evidence in your naval records.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your 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,