Docket No:  6173-19 
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 13 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. 
 
Having signed the Navy Illicit Behavior Screening Certificate and denied drug use, you enlisted in the Navy and began a period of active duty on 6 May 2002.  On 3 July 2003, you received nonjudicial punishment (NJP) for Absence Without Leave, Missing Movement, and Wrongful Use/ Possession of a Controlled Substance.  Subsequently, administrative discharge action was initiated.  On 24 July 2003, you waived counsel and an administrative board.  On 27 August 2003, your Commanding Officer recommended you be administratively separated with an Other than Honorable (OTH) characterization of service.  You were separated with an OTH discharge on 10 October 2003. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertions that that you improved your character by attending college and providing services to the community, including military veterans and homeless people.  The Board acknowledged your desire to attend law school and how the OTH had a negative impact upon admission to law school.  The Board considered your admissions as to irresponsible choices that led to your discharge and how it negatively affected your life.  The Board noted you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service. 
 
Finally, the Board considered your assertions that the American culture was new to you and you were overwhelmed by the working military life.  This led to your unauthorized absence.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in nonjudicial punishment and administrative separation. 
 
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.