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

Docket No: 7719-19 
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 31 March 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.
 
You enlisted in the Navy and began a period of active duty on 12 September 1989. On 4 June 1993, you received nonjudicial punishment (NJP) for unauthorized absence (UA) and awarded forfeiture of pay and restriction.  On 23 September 1993, you began a period of UA that continued until you were apprehended on 19 June 1994. On 26 July 1994, you requested a good of the service separation in lieu of trial by court-martial (GOS/SILT).  On 1 August 1994, your request was approved.  On 12 August 1994, you were discharged with an other than honorable (OTH) characterization of service.

You request the Board upgrade your discharge.  You assert you are a combat veteran.  You sustained a spinal injury while on active duty but, because your English was sub-par, you did not understand your diagnosis.  You claim “everythinggot escalated for me to go AWOL.” After you were apprehended by military police you were processed for an OTH discharge in lieu of trial by court-martial without understanding the consequences. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  The Board noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Further, there is no provision of law or in Navy regulations that allows for an upgrade in the characterization of service due solely to the passage of time.
 
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,