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

Docket No: 1927-19 
Ref: Signature Date 

Dear: 

This is in reference to your application of 25 January 2019 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 3 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, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 24 May 1989.  From 17 July 1990 to 14 January 1991, you received three non-judicial punishments (NJP) for three specifications of unauthorized absence (UA) totaling 36 days and 8 hours and disrespect toward a petty officer.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct -pattern of misconduct.  After waiving your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 1 February 1991, you were so discharged.
 
The Board carefully weighed all potentially mitigating factors in your case, including character letters, your desire to upgrade your discharge, and contention that you need Department of Veterans Affairs (DA) benefits.  The Board also noted your contentions that you were on leave to care for your mother, you were not aware you could extend your leave, you asked to go on leave but was denied, and you received no support from your command.  The Board concluded that there was no probable material error or injustice in your discharge. 

In regard to your contention that you need VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA.
  
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,