DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 10195-18 
Ref: Signature Date

Dear

This letter is in reference to your application of 3 October 2018 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 that 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 8 October 2019. 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 3 June 1998. During the period from 23 October 1998 to 14 January 1999, you received two non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) totaling eight days and absence you’re your appointed place of duty. On 1 November 1999, you submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial for being in a UA status for 149 days. Prior to submitting this request, you conferred with a qualified military lawyer, at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge. Your request was granted and your commanding officer (CO) was directed to issue an other than honorable (OTH) discharge for the good of the service.  As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of such a punitive discharge.  On 22 December 1999, you were so discharged.

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contentions that you were told your discharge would change to general after two years, you could not be dispatched to the carrier group due to poor weather and paperwork problems, and you were not told to be on the carrier. The Board found that these factors were not sufficient to warrant relief in your case given your misconduct and request for a GOS discharge in lieu of a trial by court-martial. Regarding your contention that you were told your discharge would change to general after two years, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically after two years, due solely to the passage of time. Regarding your contentions that you could not be dispatched to the carrier group due to poor weather and paperwork problems and you were not told to be on the carrier, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.

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.

Sincerely,