DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  5485-19 
Ref: Signature date 

Dear 
This letter 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 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 6 January 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 31 May 2001.  On 5 September 2002, you received nonjudicial punishment (NJP) for two specifications of unauthorized absence (UA) and making false official statements.  You received a retention warning on 24 September 2002. On 30 January 2003, you received NJP for UA and failure to obey a lawful order or regulation.  That same day, you were advised that administrative action had been initiated to separate you from the naval service by reason of your pattern of misconduct.  You were advised of, and waived, your administrative rights, including your right to consult with counsel and to have your case heard before an administrative discharge board (ADB).  On 10 February 2003, your commanding officer (CO) recommended that you be separated with an other than honorable (OTH) characterization of service. On 19 February 2003, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  On 5 March 2003, you were so discharged. You petitioned the Naval Discharge Review Board (NDRB) to upgrade your characterization of service.  You contended that your discharge was inequitable because it was based on an isolated incident, your mother was ill, your car needed repairs and you informed your command, but were punished nevertheless.  On 29 December 2005, the NDRB determined that your discharge was proper as issued and that no change was warranted.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertions that your discharge was inequitable because it was based on one isolated incident in 22 months of with no other adverse actions.  The Board also considered your assertions that you have been a model citizen since your time in the military and are currently employed.  The Board noted that you waived your rights to an ADB.  By doing so, you gave up your first, and best, opportunity for you to advocate for retention or a more favorable characterization of service.  Accordingly, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your pattern of misconduct, which resulted in two NJPs. 

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,