DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5108-18 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 24 July 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 30 March 1970. During the period from 1 October 1970 to 30 August 1971, you were in an unauthorized absence (UA) status for a total of 333 days. On 10 September 1971, you submitted a written request for separation from the naval service with an undesirable discharge for the good of the service (GOS), in lieu of trial by court-martial, for the aforementioned period of UA. Prior to submitting this request, you conferred with a 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 was directed to issue you an other than honorable (OTH) discharge by reason of good of the service and, on 30 September 1971, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, such as your post- service conduct and accomplishments, character letters, your contention that when the ship returned you were homesick so when you were given a 72 hour pass you flew home for a quick visit. You explained that you missed the flight needed to return on time back to your ship. As time passed by, you became more fearful of the consequences. Instead of returning and facing the punishment, you ran from it, which you admitted was immature and stupid. The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct and subsequent request for discharge in lieu of trial by court- martial. The Board discerned no probable material error or injustice in the discharge action that would warrant a change in your characterization of service. 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.