Docket No: 3591-20 
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 23 June 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 22 May 1987.  On 28 May 1989, you began a period of unauthorized absence from .  On 20 July 1989, you were apprehended by local police and taken to a new duty station in . On 20 September 1989, you were convicted at summary court-martial for your unauthorized absence.  On 17 December 1989, you deserted from .  Subsequently, administrative discharge action was initiated by reason of misconduct, commission of a serious offense.  On 29 March 1990, the separation authority directed that you be separated with an other than honorable (OTH) discharge.  On 20 April 1990, you were discharged with an other than honorable characterization of service by reason of Misconduct and received an RE-4 reentry code and “HKQ” separation code.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that your wife was not able to adjust to life in , she became pregnant and refused to have the baby in , she went back home to , you went home on leave, your parents were having marital issues, and you decided not to return from leave so that you could take care of your family. You assert that you were young and your family needed you.  You were given a chance to stay in , but you left again due to family concerns.  You assert that now, you are a productive citizen, you work full-time when your health allows, and you take good care of your family.  You are in need of healthcare, and a discharge upgrade will make you eligible for Department of Veterans Affairs (VA) benefits.  The Board discerned no error or injustice in your discharge and concluded that these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in two desertions.  Please note that the Board does not upgrade discharges for the sole purpose of obtaining VA benefits. 
 
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.