DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3686-19 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 16 April 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, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active-duty service on 2 June 2006. On 5 March 2007, you left your duty station without legal authority and went into an unauthorized absence (UA) status. You remained in a UA status until 23 April 2007. Unfortunately, your administrative separation documents are not in your electronic service record. However, based on the information contained on your Certificate of Release or Discharge from Active Duty (DD-214), you presumably submitted a voluntary written request for an other than honorable (OTH) discharge in lieu of trial by court-martial for your lengthy UA period. In block 29 of your DD Form 214, it states “Time Lost” was 5 March 2007 to 23 April 2007, a period lasting approximately 49 days. Time Lost describes periods on active duty spent either in a UA status or while serving in military confinement. Prior to submitting this voluntary discharge request, you would have conferred with a qualified military lawyer, and you would have been advised of your rights and warned of the probable adverse consequences of accepting such a discharge. As part of your discharge request, you would have admitted guilt to the foregoing period of UA and acknowledged that your characterization of service upon discharge would be OTH. On 26 July 2007, you were discharged from the Navy with an OTH characterization of service. The Board noted that, on your DD-214, the narrative reason for separation is “In Lieu of Court-Martial,” and your separation code is “KFS,” which corresponds to a separation in lieu of court-martial. The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge, your otherwise honorable service, and your post-service conduct and accomplishments, as well as your contentions that your UA was an isolated incident, that your son was in danger and you went UA to care for him, and that you repeatedly made your command aware of your situation and requested remedies. The Board expressed concern regarding your son’s circumstances, and considered your service record and post-service conduct, but concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct and subsequent discharge at your request to avoid trial by court-martial. The Board noted that the only evidence of your son’s circumstances was an unsigned, undated, unsworn letter without an address or other contact information, purportedly from your ex-wife, the mother of your son. The Board did not find the letter credible. The Board also noted that there is no evidence to support your contention that you attempted to avail yourself of command assistance or resources available within the military to help Service members deal with family emergencies. Therefore, the Board concluded that there is insufficient evidence of probable material error or injustice warranting corrective action. 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 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, 5/15/2020