Docket No: 2284-19 
Date: Ref Signature 
 
 

Dear : 
 
This is in reference to your application of 11 February 2019 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 25 March 2020.  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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 1 February 1974.  You went on a period of unauthorized absence (UA) from 17 September 1974 to 16 January 1975.  You went on a second period of UA from 4 March 1975 to 12 August 1975.  On 20 August 1975, after consulting counsel, you submitted a requested for a good of the service (GOS) discharge in lieu of trial by court-martial for the aforementioned offenses.  Your GOS request for discharge was determined to be sufficient in law and fact.  On 16 September 1975, the discharge authority approved your GOS request for discharge.  On 1 October 1975, you were discharged with an other than honorable (OTH) characterization of service for the good of the service. 
 
The Board carefully weighed all potentially mitigating factors in your case, your desire to upgrade your discharge.  However, the Board concluded that there was no probable material error or injustice in your 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.