Docket No: 781-20 
Ref: Signature date 

Dear 


This letter is in reference to your application of 16 October 2019 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 that the evidence with respect to your request to upgrade your characterization of service 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 April 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. 

You enlisted in the Navy and began a period of active duty on 30 July 1975. On 7 November 1975 you commenced a period of unauthorized absence and returned on 4 December 1975.  You commenced another period of unauthorized absence on 19 January 1976 and did not return until you were apprehended, on 25 February 1976. On 9 March 1976 you went into another unauthorized absence status until you returned on 15 March 1976.  Next, on 18 March 1976, you received non-judicial punishment for unauthorized absence.  On 6 April 1976, you were provided a letter of notification that you were going to be administratively separated from the Navy with a general (under honorable conditions) characterization of service due to unsuitability, and you were provided the opportunity to consult with counsel.  You were discharged on 13 April 1976 with a general (under honorable conditions) discharge. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions that you were young, you did not get the rating that you had requested, and you had lost motivation. The Board also considered your assertion that you are seeking this change to improve your belief in the Navy, and the letters and attachments to your application.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, including the lengthy periods of unauthorized absence relative to your entire time in the Navy. 

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.