Docket No: 5447-20 
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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 22 January 2021.  The names and votes of the panel members 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 the 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, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy and began a period of active duty on 3 May 1972.  On 8 January 1973, you began a period of unauthorized absence (UA) which lasted sixteen-days.  On 2 February 1973, you were convicted by summary court-martial (SCM) for UA and sentenced to forfeiture of pay.  On 7 May 1973, you began a second period of UA which lasted twenty-five days.  On 6 June 1973, you were convicted by SCM for UA and sentenced to confinement, reduction in rank, and forfeiture of pay.  On 1 July 1973, you began a third period of UA which lasted eighteen-days.  On 8 August 1973, you were convicted by special court-martial (SPCM) for UA and sentenced to confinement, reduction in rank, and forfeiture of pay.  On 5 October 1973, you began a fourth period of UA, which lasted eight-days.  On 19 December 1973, your commanding officer (CO) ordered your SPCM Vacation of Suspension to be executed and you were placed in confinement.  On 26 December 1973, you were charged with failure to report, and referred to SCM.  On 27 December 1973, you requested an undesirable discharge for the good of service to escape trial by court-martial for the aforementioned charges.  On 10 January 1974, your commanding officer (CO) ordered a psychological evaluation in which the medical officer found no evidence of psychological issues.  On 15 January 1974, your CO endorsed your request for an undesirable discharge for the good of service.  On 18 April 1974, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your contention that you were to be issued a general discharge during your administrative separation proceedings, and that your periods of UA were related to your previous experiences during the  conflict.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your SCM’s and SPCM, outweighed these mitigating factors.  The Board noted that you did not submit any documentation or advocacy letters to be considered.  The Board further noted that there is no provision of law or in Navy regulations that allows for re-characterization of service to be automatically upgraded after a set amount of time.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
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,