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

Docket No: 1563-19 
Date: Ref Signature 

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 11 March 2020.  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.

You enlisted in the Navy and began a period of active duty on 5 June 1989.  You went on a period of unauthorized absence (UA) from 19 June 1989 until your surrender on 8 July 1989.  On 31 July 1989, you were counseled regarding your misconduct.  You went on a period of UA from 1 August 1989 until your apprehension by civil authorities on 18 September 1989.  On 10 October 1989, an investigation was initiated regarding an apparent injury you sustained on 24 June 1989, during your UA.  As a result of the foregoing, on 25 October 1989, you submitted a request for discharge in lieu of trail by court-martial.  On 31 October 1989, your request for discharge in lieu of trial by court-martial was approved, and you were discharged on 20 November 1989 with an other than honorable (OTH) characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you were experiencing personal and family problems, your medical condition added to your problems, and your current desire to be eligible for veterans’ benefits.  You provided no information other than your statement to corroborate that family problems existed.  There is no evidence that you sought assistance through your chain of command.  Personal problems notwithstanding, a record of service that contains repeated and lengthy offenses of UA can only be characterized as other than honorable.  The Board determined that your desire to upgrade your discharge was not enough to outweigh the significant misconduct you committed.  The Board in it review discerned no probable material error or injustice in the discharge. 

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,