DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490              

Docket No: 5484-20 
              
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 10 March 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, and 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 24 October 1977.  On 12 September 1978, you received non-judicial punishment (NJP) for unauthorized absence (UA).  You went on a second period of UA from 13 September 1978 until your surrender on 11 December 1978.  Upon your return, on 11 December 1978, you were counseled regarding your misconduct, and notified that continued misconduct may result in the initiation of administrative separation proceedings.  On 19 January 1979, you submitted a request for a good of the service (GOS) discharge to escape trial by court-martial for your period of unauthorized absence (UA) from 13 September 1978 to 13 December 1978.  You stated in your GOS request for discharge that your wife made false statements to the chaplain, and as a result of her statements you were ordered to alcohol rehabilitation.  You also stated that you refused to attended rehabilitation and you were dropped from school, so you went on UA instead of receiving punishment, and you would rather have any type of discharge than return to duty.  On 31 January 1979, the discharge authority approved your request for discharge by reason of good of the service (GOS).  On 5 February 1979, you were so discharged.   
 
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 desire to upgrade your discharge. You contend you went UA due to being falsely accused of alcohol abuse by your wife, and you were unjustly ordered to alcohol treatment.  The Board considered the statements you provided on your application.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board noted your statements in your request for GOS discharge to avoid trial by court martial for your period of UA.  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 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,