Docket No: 8221-19 
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 16 September 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 15 July 1999.  During the period from December 2001 to March 2004, you received non-judicial punishment (NJP) on three occasions for four specifications of unauthorized absence (UA) totaling 51 days, two specifications of disorderly conduct, failure to obey a lawful order, and drunk and disorderly conduct.  On 19 March 2004, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense.  After you waived your procedural rights, your commanding officer (CO) forwarded your package to the separation authority recommending your discharge with an other than honorable (OTH) characterization of service.  The separation authority approved your CO’s recommendation, and on 6 April 2004, you were discharged.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you served your first enlistment honorably and you went into a UA status because a family member had one month to live.  In this regard, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. 
In regard to your contention that you served your first enlistment honorably, the Board noted that a sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention that you went into a UA status because a family member had one month to live, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that the record shows that you were notified of, and waived your right to present your case to an administrative board.  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, 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 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,