DEPARTMENT OF THE NAVY 

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

Docket No. 7464-17 
APR O2 2018 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 1O USC 1552. 

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 case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 15 March 2018. The names and votes ofthe members ofthe panel will be 
furnished upon request. Your allegations oferror and injustice were reviewed in accordance 
with administrative regulations and procedures applicable to the proceedings ofthis 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. 

A review ofyour record shows that you entered active duty with the Navy in October 1978. You 
left your unit without authorization on 2 July 1979 and returned On 16 July 1979. YOU left again 
without authorization the next day and remained absent without authorization until 20 May 1980. 
At that time, you submitted a request to be discharged for the Good ofthe Service which was 
later approved. On 4 June 1980, you were medically cleared to be separated and you were 
eventually discharged on 3 July 1980 with an Other than Honorable characterization ofservice 
pursuant to your request. 

The Board carefully considered your arguments that you deserve an upgrade to your 
characterization of service and placement on the disability retirement list. Unfortunately, the 
Board disagreed with your rationale for relief. First, the Board concluded there was insufficient 
evidence to support a finding that you were unfit for continued naval service due to a qua.J.ifying 
disability at the time of your discharge. The Board relied upon your 4 June 1980 separation 
physical that noted you were in good health despite your 7-month pregnancy status. Second, the 
Board determined you were ineligible for disability benefits based on the misconduct that formed 
the basis for your discharge. Service regulations directed thatmisconduct processing supersede 
any disability processing. Since there was no evidence that you were not mentally responsible 
for your misconduct, the Board determined you were properly discharged on that basis making 
you ineligible for military disability benefits. Third, the Board found that your characterization 
of service remains appropriate. The Board considered the briefperiod of active duty you 
performed before leaving without authorization and determined your characterization of service 
accurately describes your military service since you were in an unauthorized absence status 
longer than in a duty status during your brief military service. The Board also concluded that 
insufficient mitigation evidence exists to warrant an upgrade to your characterization of service. 
While the Board was sympathetic to your narrative and impressed with your positive postdischarge 
accomplishments, it felt that it would be unfair to other Servicemembers who earned 
their characterizations of service with hpnorable service if the Board were to change your 
characterization of service based on the evidence you provided. Accordingly, the Board was 
unable to find an error or injustice warranting a correction to your record and denied your 
application. 

Despite the decision ofthe Board to deny the relief you seek, the Board wishes you continued 
success in your future endeavors with your church, community service, and your life .. As 
mentioned above, the Board was pleased that you achieved great success in life after your initial 
struggles with military service. The character letters you received from your supporters are a 
testament to your value as a critical member of your community. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upori the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption of regularity attaches to all 
qfficial records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director