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

Docket No: 11034-18 
Ref: Signature date 

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 you did not file your application 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 26 August 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record.
 
You enlisted in the Navy and began a period of active duty on 23 March 1977.  A few months into your enlistment, you began multiple periods of unauthorized absence (UA): 23 September 1977 to 4 October 1977, 7 to 20 October 1977, 21 October to 22 November 1977, 14 to 20 December 1977, and 20 to 28 December 1977.  On 4 January 1978, you requested a separation in lieu of trial by court-martial for UA.  Your request was approved and, on 23 January 1978, you received a discharge under other than honorable conditions. 

You requested the Board upgrade your discharge to honorable.  You asserted you joined the Navy when you were 17 years old and then realized you were gay.  You stated you had a difficult time in the Navy and requested a discharge, but it was denied so you went UA to get out.   

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  With respect to your contention that your request for discharge was denied, the Board noted that there is nothing in your record regarding a discharge request.  The Board also noted that you provided no supporting evidence such as witness statements to corroborate your contentions.  Absent such evidence, the Board found no material error or injustice in your discharge characterization. 

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,

 
10/7/2019