DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9919-18 Date: Ref Signature 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 9 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, together with all material submitted in support thereof, 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 will not materially add to their understanding of the issues involved. Therefore, the Board determined that 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 31 July 1973. From the period beginning on 6 August 1974 to 10 August 1976, you received non-judicial punishment (NJP) on five occasions for unauthorized absence (UA). You went on a period of UA from 12 October 1976 to 15 December 1976. As a result of the foregoing, you submitted a request for discharge in lieu of trail by court-martial. On 14 January 1977, your request for discharge was determined to be sufficient in law and fact by the staff judge advocate (SJA). On 17 January 1977, the discharge authority approved your request and directed your discharge. You were discharged with an other than honorable (OTH) characterization of service on 24 January 1977. The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, and contentions that you had a period of good service during your enlistment, but you had to leave without permission to take care of family issues. Additionally, you state you would like medical benefits. The Board noted that there is no evidence in your record, and you submitted none beyond your statement, to support your contentions. The Board considered your total active service, but concluded the severity of your misconduct outweighed your current mitigating factors. The Board in it review discerned no material error or injustice in the discharge. Further, there is no requirement 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, not Board. You may be eligible for benefits based on a limited period of your service and may contact the VA concerning an application for benefits. 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, 10/24/2019