Docket No: 2261-20 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 25 November 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, and applicable statutes, regulations and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 16 March 1971. On 19 September 1973, you received non-judicial punishment (NJP) for two periods of unauthorized absence totaling seven days. On 9 November 1973, you received your second NJP for an unauthorized absence. On 30 May 1974, you submitted a written request for separation for the good of the service to avoid trial by court-martial. Your alleged offenses were, attempting to steal $50.00 in U.S. currency the property of the Navy Exchange, two specifications of false official statement, nine specifications of larceny, nine specifications of forgery, on two occasions wrongfully and unlawfully, take certain mail matter, to wit: a package, out of the unit mail area or box of the USS , with design to steal or wrongfully appropriate the contents to your own use, and on three occasions wrongfully use and have in your possession, with intent to defraud, a certain instrument purporting to be another’s military identification card in words and figures in substance, then well knowing the same to be false and unauthorized. 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. As part of this discharge request, you admitted your guilt to the foregoing alleged charges and specifications, and acknowledged that your characterization of service upon discharge would be other than honorable (OTH). Your request was granted and your commanding officer was directed to issue you an OTH characterization of service by reason of unsuitability. On 31 July 1974, pursuant to your request, you were so discharged. The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge. The Board considered your contentions that: (a) you accepted your discharge in haste; (b) you were a disgruntled Sailor at the time and decided to accept the consequences going forward, and in retrospect, after three years and four months of service, it was a very irresponsible decision at the time; (c) your decision to accept the OTH discharge was not in the best interest of the country and yourself; and (d) after two years you were never placed in your job and were treated differently than other qualified military personnel. After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency. Even under the liberal consideration standard, the Board found your misconduct warranted an OTH characterization of service given the seriousness of your misconduct and subsequent discharge at your request to avoid trial by court-martial. 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 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,