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

Docket No:  7109-19 
Ref: Signature date 

Dear

This is in reference to your application of 21 May 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.
 
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, relevant portions of your naval record, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 26 April 1995.  On 30 March 1996, you were declared a deserter having been absent without leave since 29 February 1996.  On 9 April 1996, you were returned to military control. You had three periods of unauthorized absence. Subsequently, an administrative action to separate you from the naval service was initiated for misconduct.  On 18 April 1996, you waived your right to consult with counsel and your right to present your case to an administrative discharge board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  Your Commanding Officer recommended that you be discharged with an other than honorable (OTH) characterization of service due to misconduct.  The separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  On 3 May 1996, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge characterization and assertions that you were having financial and emotional difficulties and your superiors did not seem to help.  The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct.  

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,