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

Docket No: 684-20 
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 9 March 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 28 May 1974. Your record indicates that on 5 September 1974, you absented yourself from your organization without authority and remained in period of unauthorized absence (UA) until 29 January 1975.  On 26 February 1975, after consulting with military counsel, you requested an undesirable discharge for the good of the service in lieu of trial by court-martial under circumstances that could lead to a bad conduct discharge or a dishonorable discharge.  You were discharged from the Navy on 12 March 1975, with an other than honorable discharge.
 
In your petition to the Board, you ask that your characterization of service be upgraded to honorable or general.  You assert that you did nothing wrong and that the individual discharging you stated that you acted “gay.”  You contend that you are not seeking an upgrade for purposes of receiving benefits from the Department of Veterans Affairs. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your inference that your discharge may have been influenced by Department of the Navy policies or attitudes toward homosexuality.  The Board reviewed your record and noted that you do not appear to have been discharged on the basis of either homosexual conduct or a homosexual admission.  Furthermore, the Board found that no evidence of bias or discrimination was reflected in your record or presented in your application.  The Board considered that you embarked on an extensive period of UA from 5 September 1974 to 29 January 1975, and that you subsequently requested an other than honorable discharge to avoid trial by court-martial for charges relating to your absence.  The Board took your assertions into consideration but found that the your current discharge characterization is supported by your period of UA and your request for an administrative discharge to avoid the prospect of a punitive discharge. 

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. 

Sincerely,