Docket No: 1245-20 
Ref: Signature date 


This letter 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 with respect to your request to upgrade your characterization of service 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 23 April 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, 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 18 November 1970. On 18 August 1971 you commenced a period of unauthorized absence until you were apprehended on 18 October 1971. On 30 October 1971 you broke restriction and you were absent until you surrendered the next day. According to your service record, you were also on unauthorized absence statuses of varying lengths from 24 November 1971to 26 November 1971, 30 November 1971 to 1 December 1971, 11 December 1971, 14 December 1971­15 December 1971, 18 December 1971, 20 December 1971-22 December 1971, 23 December 1971, 25 December 1971-26 December 1971, 28 December 1971­30 December 1971, 2 January 1972, 10 January 1972-11 January 1972, 11 January 1972­12 January 1972, 14 January 1972, and 16 January 1972-17 January 1972. On 7 February 1972, you submitted a package requesting that you be given an undesirable discharge for the good of the service.  Your request contained your acknowledgment of the court-martial charges that you were facing based on your history of unauthorized absences.  On 10 March 1972, you were discharged with an other than honorable characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your humble request to upgrade your discharge, and your assertion that in 1977 President Carter granted clemency to deserters and draft dodgers.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, including one lengthy period and numerous other periods of unauthorized absence relative to your entire time in the Navy. 

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.