Docket No: 5947-19 
Ref: Signature date 
 
 
Dear  : 
 
This letter is in reference to your application for correction of your naval record, filed 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 with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, the application has been denied.     
 
Although the 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 the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 26 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 the 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 on 7 February 1994.  On 17 October 1994, you were convicted by a summary court-martial for unauthorized absence and missing ship’s movement.  On 1 April 1995, you received nonjudicial punishment for using marijuana.  On 3 April 1995, you were notified of the initiation of administrative separation proceedings, and your rights attendant to same.  You waived your right to an administrative discharge board.  On 29 April 1995, you were discharged with an other than honorable characterization of service. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  In your petition, you have requested that the Board review your entire performance record.  You note that at the time of your unauthorized absence, you were suffering from severe depression and you were contemplating suicide.  In addition, you feel that you received bad advice at the time of your discharge and should have obtained legal counsel.  The Board noted that you did not provide any medical records to support your assertion concerning your depression, which you contend mitigated your unauthorized absence.  The Board also noted that your overall final trait average was 2.25, which is considered low.  Accordingly, in light of your punishment for using marijuana, in addition to the summary court-martial conviction, the Board did not find evidence of any 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 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,