Docket No: 5831-19 
Date: Ref Signature 

Dear : 
 
This is in reference to your application of 11 February 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 12 August 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, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 22 November 1988.  On 28 July 1989, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On the same day, you were counseled regarding your misconduct and you were notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 19 October 1990, you received NJP for UA.  On 24 April 1992, you were convicted at a special court martial (SPCM) for two specifications of UA.  On 3 June 1992, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to commission of a serious offense.  On 3 June 1992, you elected your right to consult with counsel and right to a hearing before an administrative discharge board (ADB).  On 18 June 1992, you began a period of UA.  In your absence, an ADB convened on 6 July 1992.  The ADB recommended your discharge from naval service with an other than honorable (OTH) characterization of service by reason of misconduct.  On 16 July 1992, you were apprehended by military authorities.  On 20 July 1992, your commanding officer recommended your discharge from naval service with an OTH characterization of service by reason of misconduct.  On 7 August 1989, the discharge authority approved and directed your discharge.  On 4 September 1992, you were discharged with an OTH characterization of service by reason of misconduct due to commission of a serious offense. 
 
The Board carefully weighed all potentially mitigating factors in your case, your desire to upgrade your discharge and contention of extenuating circumstances, and harsh punishment.  The Board also reviewed the materials and certificates that you submitted with your application.  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,