Docket No: 5004-21 
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 20 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 on 15 June 2000.  On 11 July 2001, you were convicted by special court-martial of eight periods of unauthorized absence, wrongful use of a controlled substance, two specifications of violating Article 134 of the Uniform Code of Military Justice (UCMJ), and violation of UCMJ Article 95, offenses by sentinel or lookout.  Your record is incomplete in that it does not contain any trial, post-trial or appellate documentation, but a review of your Certificate of Release or Discharge from Active Duty (DD Form 214) reflects you were sentenced to a bad conduct discharge (BCD) which was subsequently approved at all levels of review.  On 23 June 2004, you were discharged. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention you were involved in a tragic car accident and were “not responsible for actions leading up to discharge.”  The Board noted you did not provide any supporting documentation, a statement, advocacy letters, or documents to be considered for clemency purposes.  Unfortunately, the Board, applying liberal consideration, concluded there was insufficient evidence of an error or injustice that warrants granting clemency in the form of an upgraded characterization of service. 
 
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 and your contentions discussed above.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined your misconduct 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 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,  
                                                                      

9/1/2021
Executive Director