Docket No:  6978-19 
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 21 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. 
 
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 issues 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 23 October 2001.  On 23 May 2002, you received nonjudicial punishment (NJP) for Unauthorized Absence.  Subsequently, administrative discharge action was initiated by reason of a Misconduct – Commission of a Serious Offense.  On 16 August 2002, you waived counsel and your right to an administrative board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  It was recommended that you be discharged with an Other Than Honorable (OTH) characterization of services.  The separation authority concurred with your CO’s recommendation and directed your OTH discharge.  You were discharged on 18 October 2002. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertion that you had to return home to secure your children with another family member because they were in danger.  Additionally, the Board considered your assertions that you went home on leave and stayed in communication with your command, but you received NJP upon your return.  Finally, the Board considered your admissions that you started drinking, became unreliable, and missed musters.  The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP.  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. 
 
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.