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

Docket No: 2747-19   
Date: Ref Signature 

This letter 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 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 16 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 9 December 1976.  From the period beginning on 3 June 1977 to 19 August 1977, you went on three periods of unauthorized absence (UA) totaling 73 days, the last terminated by apprehension.  On 22 August 1977, you were counseled regarding your misconduct.  On 31 August 1977, you submitted a request for a good of the service (GOS) discharge in lieu of trial by court-martial.  On 14 September 1977, you commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of good of the service (GOS) in lieu of trial by court-martial.  On the same day, the discharge authority approved and directed your discharge.  On 19 September 1977, pursuant to your request, you were discharged with an other than honorable (OTH) characterization of service by reason of good of the service.  You requested that the Naval Discharge Review Board (NDRB) upgrade your characterization of service and, on 12 February 1993, the NDRB denied your application and determined that your discharge is proper as issued and that no change is warranted.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and contention you went UA because you were not allowed to go on leave following a death in your family, and you would like to be eligible for Veterans Administration treatment and benefits.  With regard to your contention, the Board noted you did not provide evidence, and there is no indication in the record that you were denied leave.  The Board determined that the severity of your misconduct outweighed your current desire to upgrade your discharge. Finally, there is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans benefits.  The Department of Veterans Affairs (DVA) determines eligibility for post-service benefits.  You may contact the nearest office of DVA concerning your right to apply for benefits.  Accordingly, the Board did not discern any 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, 


5/1/2020