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


Docket No: 8500-18 
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 16 October 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. 
 
You enlisted in the Navy and began a period of active duty on 7 August 1972.  You served for a year and three months without disciplinary incident, but during the period from 14 November 1973 to 6 February 1976, you received nonjudicial punishment (NJP) on five occasions.  Although not all material from your NJP were included in the record, your offenses were wrongful possession of marijuana, unauthorized absence (UA) from your unit, dereliction in the performance of duties, failure to obey a lawful order, and absent from appointed place of duty.  On 15 December 1975, you were in a UA status from your unit until you were apprehended by civil authorities on 2 March 1976, a period of 78 days.  On 19 March 1976, you made a written request for discharge for the good of the service to avoid trial by court-martial for the foregoing period of UA from your unit.  Prior to submitting this request, you conferred with a qualified military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  Your request was granted and the commanding officer directed your other than honorable (OTH) discharge.  On 31 March 1976, you were discharged under OTH conditions. 
 
The Board carefully weighed all potentially mitigating factors including your request of burial benefits.  The Board concluded these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in five NJPs, periods of UA totaling more than two months, and your request for your discharge.  Through your discharge as a result of your request, you were spared the stigma of a court-martial conviction, the potential penalties of a punitive discharge, and confinement at hard labor.  In regard to your request for benefits, there is no regulation or law that grants recharacterization solely on the issue of obtaining veterans benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits and may find you eligible based on a limited period of your service.  The Board, in its review, discerned no material error or injustice in the discharge or characterization of service. 
 
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.