Docket No: 4976-21 
Ref: Signature Date 
 
Dear Petitioner: 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 23 August 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, and 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 service on 25 April 1998.  On 24 October 2002 you began a period of unauthorized absence (UA) until your surrender on 17 February 2003.  During the aforementioned period, you missed ship’s movement on two occasions.  On 10 September 2003, you were convicted by special court martial (SPCM) for UA, dereliction in the performance of duty, two specifications of stealing currency, and fraud against the United States Government.  You were sentenced to confinement, reduction in rank, and a bad conduct discharge (BCD).  On 16 August 2006, you were discharged with a BCD, as a result of the court martial conviction.    
 
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 desire to upgrade your characterization of service to honorable.  You asked the Board to consider your service prior to your misconduct and following your discharge from the Navy.  You contend, you were involuntarily extended and your pay was stopped.  You state, you made the mistake of going “AWOL” because your pay was unjustly stopped, and you were given the option to reenlist as an E-1 following your court martial, but you declined.  The Board noted your statements are contrary to the record.  The Board concluded there was insufficient evidence to warrant relief.  Specifically, you failed to provide evidence to support your contentions of the injustices listed in your application, and to support any positive post-service conduct.  Further, the Board did not find evidence of an error or injustice in your record.  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 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, 
                                                                                                                                        9/2/2021
Executive Director