Docket No: 5191-19 
Ref: Signature Date           
 
Dear : 
 
This is in reference to your application of 6 May 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 7 November 2019.  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 on 18 October 1999.  On 15 May 2000, you began a period of unauthorized absence (UA) that continued until you surrendered on 7 September 2000.  On 15 September 2000, you received non-judicial punishment (NJP) for UA.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank to E-1, which was suspended for six months.  On 10 February 2004, you were released from active duty and transferred to the Naval Reserve at the completion of your required service.  You were discharged with an honorable characterization of service.  On 16 October 2004, at the Naval Reserve Center in     you signed counseling entries regarding your Reserve requirements, and you attended drills in October and November 2004.  From 8 January through 20 March 2005, you were documented as unexcused absence from all drill periods.  On 22 April 2005, administrative discharge action was initiated by reason of unsatisfactory participation in the Naval Reserve.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive a general (under honorable conditions) ischarge and the separation authority approved your separation from the Navy.  On 21 July 2005, you were discharged with a general (under honorable conditions) characterization of service. 
 
You request the Board upgrade your discharge from under other than honorable (OTH) conditions to honorable.  You assert that the record is unjust.  You state that you realize you signed a contract, but you should not be tainted with an OTH for leaving the Reserves due personal issues.  You claim that after talking to a clearance background investigator you were informed you no longer have an honorable discharge due to leaving the Navy Reserves in   after a couple of weeks.  Additionally, you stated you joined the Reserve around a month after discharge in February 2004, and after one weekend, decided it was in your best interest to leave due to being overwhelmed by college.  Lastly, you state you feel your service should be judged by the 4 years you served on active duty rather than the 2 days with the Reserve.  The Board carefully weighed all potentially mitigating factors in your case, including your record of service, and contentions and concluded these factors were not sufficient to warrant a change to your discharge.  The Board noted that you do not have an OTH, but rather a general (under honorable conditions) characterization of service from the Naval Reserve.  Additionally, the Board noted you acknowledged the requirements of your contract, but you chose to disregard the commitment you made.  The Board also noted that there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 
 
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,