DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2206-19 Ref: Signature Date Dear : This is in reference to your application of 30 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 2 April 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 20 September 1985. On 28 November 1986, the police in apprehended you. On 12 December 1986, you received non-judicial punishment (NJP) for being in an unauthorized absence (UA) status for 66 days. Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to commission of a serious offense. After you waived your rights, your commanding officer (CO) recommended an other than honorable (OTH) characterization of service for misconduct due to commission of a serious offense. The separation authority approved this recommendation and directed separation under other than honorable conditions for misconduct. On 7 January 1987, you were discharged The Board carefully weighed all potentially mitigating factors in your case, including character letters, divorce papers, your desire to upgrade your discharge and contentions that you need Department of Veterans Affairs (VA) benefits for medical attention and prescriptions. You also contend that you went UA to try to reconcile your marriage after receiving divorce papers. However, the Board concluded that there was no probable material error or injustice in your discharge. Regarding your contention that you need VA benefits due to a recent need of medical attention and prescriptions, whether or not you are eligible for benefits is a matter under the cognizance of the VA, 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. Regarding your contention that you went UA to try to reconcile your marriage after receiving divorce papers, the Board noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB). In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable 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. Sincerely,