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

Docket No: 9872-18   
Date: Ref Signature 

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 2 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, 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 12 September 1973.  Between 4 November 1974 and 28 February 1975, you received three nonjudicial punishments (NJP) for the following offenses: two specifications of unauthorized absence (UA), failure to obey a lawful order, improperly appearing in uniform, and wrongful use of marijuana.  On 27 March 1975, you received NJP for possession and use of marijuana.  You went on a period of UA from 12 May 1975 to 25 June 1975.  As a result of the foregoing, you submitted a request to receive an undesirable discharge for the good of the service (GOS) in lieu of trial by court-martial.  Your request was approved and, on 25 July 1975, you were discharged with an other than honorable (OTH) characterization of service. 

The Board carefully considered your request to upgrade your discharge including your contention you left the service to aid your parents, and you were told you had to take an other than honorable discharge to be released.  The Board noted you did not provide evidence to support your contention.  Absent some additional evidence to support your contentions, the Board concluded the severity of your misconduct warranted an OTH characterization of service, particularly given that you had two drug-related offenses that do not appear to be related to helping out your parents.  Further, there is no requirement or law that grants recharacterization solely to obtain veterans benefits.  The Board, in its review, discerned no material error or injustice in the discharge.   

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, 


10/23/2019