Docket No: 4878-19 
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 6 July 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 22 August 1989.  On 3 June 1993, nonjudicial punishment (NJP) was imposed on you for Unauthorized Absence.  On 22 December 1993, you were convicted at a Summary Court-Martial of Unauthorized Absence.  Subsequently, on 24 February 1994, you were notified of administrative proceedings against you for misconduct due to commission of a serious offense.  You waived your rights including your right to consult with counsel, and your right to request an administrative board.  On 8 April 1994, your Commanding Officer recommended you be administratively separated under Other the Honorable (OTH) conditions.  On 19 April 1994, the Separation Authority directed you be separated with an OTH characterization of service.  On 28 April 1994, you were so separated. 
 
You requested an upgrade to an Honorable discharge, and for your GI Bill to be reinstated.  You stated that you received an OTH after being asked if you wanted to stay in the service, and further stated that neither an OTH, or your rights or options were explained to you prior to making your decision.  You also asserted you paid for the GI Bill, but were never given credit for it.   
 
The Board noted that the record shows you were given the opportunity to defend yourself, but you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best opportunity, to receive an explanation of your benefits in connection with your characterization of service, and also to advocate for retention or a more favorable characterization of service.  The Board ultimately concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct which resulted in a court-martial conviction.   
 
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,