DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
       
Docket No: 4830-21 
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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 3 September 2021.  The names and votes of the panel members 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 the 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, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy and began a period of active duty on 15 March 1999.  On 13 May 1999, you were counseled for failure to disclose pre-service civil involvement and convictions including:  attempted breaking and entering (juvenile), assault, service on a work release program, three months in juvenile boot camp, and failure to claim dependents.  You were advised that failure to take corrective action could result in administrative separation.  On 15 September 1999, you received nonjudicial punishment (NJP) for been absent from your appointed place of duty. On 4 November 1999, you received a second NJP for resisting arrest, drunk driving, drunk and disorderly conduct, and wrongful operation of a vehicle while carrying an open container of alcohol.  On the same date, you began a period of unauthorized absence (UA) which lasted 385 days, and resulted in your apprehension by civil authorities.  On 18 January 2001, your commanding officer (CO) recommended a trial by special court-martial for a period of UA.  On 1 February 2001, you requested separation in lieu of trial by court-martial.  On 2 February 2001, a trial counsel endorsed your request for separation in lieu of trial by court-martial.  On the same date, your CO approved and ordered your separation with an other than honorable characterization of service.  On 21 March 2001, you were discharged     
    
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your contention that you were experiencing difficulties while trying to cope with several family issues.  The Board noted you did not submit any documentation or advocacy letters to be considered.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs and lengthy UA outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
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, 
9/21/2021
Executive Director