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

Docket No: 8840-18 
Date: Ref Signature 

Dear  
 
This is in reference to your application of 5 October 2018 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 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 6 November 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 12 July 1989.  On 10 January 1992, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 13 January 1992, you were counseled regarding your UA.  On 8 February 1992, you missed ships movement.  You went on UA from 25 April 1992 to 8 September 1992.  You had a period of UA on both 12 October 1992 and 19 October 1992.  You were discharged with an other than honorable (OTH) characterization of service on 17 November 1992, by reason of separation in lieu of trial by court-martial. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contentions your discharge was due to family issues.  The Board noted that you provided no evidence, and your records do not contain evidence to support your contention.  Your administrative separation documents were not available, however, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Navy.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears you submitted a written request for discharge for the good of the service to avoid trial by court-martial.  Prior to submitting this request, you would have been required to confer with qualified military counsel, at which time you would have been advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  Your request was granted and your Commanding Officer was directed to issue an other than honorable (OTH) discharge for the good of the 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.