Docket No:  8566-19 
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 10 February 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 19 February 1999.  On 12 October 1999, you began a period of unauthorized absence.  On 12 November 1999, you were declared a deserter.  Subsequently, you requested administrative separation in lieu of trial (SILT).  On 17 May 2000, you received an OTH discharge. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade the character of your discharge and your request that all you ask is to be granted the opportunity to be a more productive citizen.  The Board also considered your assertions that you are currently employed at the  and wish to advance in your career serving veterans.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in the referral of charges to a court-martial and your request for a SILT.  Although your complete record of trial and administrative separation documentation were not included in your record, based on your DD Form 214, you were discharged with an Other than Honorable characterization of service by reason of Misconduct, RE-4 reentry code, and “KFS” separation code.  The Board also noted you waived your procedural rights in connection with trial and your administrative separation.  By doing so, you gave up your first, and best, opportunity to force the government to prove you guilty or to advocate for retention or a more favorable characterization of service.  Accordingly, the Board, in its review,  discerned no probable material error or injustice in your discharge.  
 
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.