Docket No: 9301-19 
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 7 October 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. 
 
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 issue(s) 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 on 6 November 1989.  On 18 August 1992, you received non-judicial punishment (NJP) for unauthorized absence (UA) and failure to maintain funds.  Your punishment included a reduction in rate (suspended for 6 months), restriction for 45 days, and 45 days of extra duties.  On 2 December 1992, your reduction in rate suspension was vacated due to continued misconduct.  On 19 February 1993, you were suspended from duties involving flying as a crewmember.  On 19 March 1993, your flight pay was terminated due to unreliability.   
 
Your record did not contain all of the information related to your discharge from the Navy.  However, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that at an unidentified time, you submitted a request for a separation in lieu of trial by court-martial.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that prior to submitting this request, you conferred with a qualified military lawyer, at which time you should have been advised of your rights and warned of the probable adverse consequences of accepting an other than honorable (OTH) characterization of service upon discharge.  Presumably, your request was granted and your commanding officer (CO) was directed discharge you with an OTH characterization of service.  On 5 April 1993, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that your discharge was too harsh, your discharge was based on race, your fear of imprisonment, and your contention that you were not given proper representation.  The Board also noted your contention that you were not notified of the change of your flight time, which resulted in you being charged with UA.  Finally, the Board noted your contentions that since discharge, you have been a model citizen with no law violations and authorized to receive a Texas concealed weapon license.    
 
In regard to your contention that your discharge was too harsh, the Board noted that your punishment was a result of your actions, which resulted in NJP and subsequent request for an OTH discharge in lieu of a trial by court-martial.  In regard to your contentions that your discharge was based on race, fear of imprisonment, and not being notified of the change of your flight time, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  Finally, the Board noted while your post service conduct is commendable, based on the available evidence, it does not outweigh your conduct while enlisted in the Navy.  The Board ultimately found that the factors you presented were not sufficient to warrant relief.    
      
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,