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

Docket No: 2430-19   
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 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 14 August 1972.  On 3 January 1974, although you enlisted in a guaranteed east coast assignment, you signed an acknowledgment requesting change to your permanent duty station to                   .  On 5 November 1974, you received non-judicial punishment (NJP) for two specifications unauthorized absence (UA).  You went on unauthorized absence (UA) from 5 November 1974 until your apprehension by civil authorities on 24 March 1976.  On 2 August 1976, you were discharged with an other than honorable (OTH) characterization of service for the good of the service. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you were talked into signing a waiver of your east coast duty station guarantee, which was a breach of contract.  The Board noted that you failed to provide evidence to support your contention.  Further, the Board concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board, in it review, discerned no probable material error or injustice in your 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, 

4/15/2020