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

Docket No: 2837-19 
Ref: Signature Date 

Dear

This is in reference to your application of 26 February 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 23 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, 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 14 October 1970.  On 24 May 1971, you received non-judicial punishment (NJP) for an unauthorized absence totaling 11 days.  On 23 May 1972, you were convicted by special court-martial (SPCM) of an unauthorized absence totaling 33 days and failure to obey a lawful order.  On 20 June 1972, you were convicted at a summary court-martial for an unauthorized absence totaling 7 days.  On 17 January 1973, you submitted a written request for separation for the good of the service to avoid trial by court-martial for an unauthorized absence totaling 154 days and failure to obey a lawful order.  Prior to submitting this request, you conferred with a military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  As part of this discharge request, you admitted your guilt and acknowledged that your characterization of service upon discharge would be other than honorable (OTH).  Your request was granted and your commanding officer (CO) was directed to discharge you with an OTH characterization of service discharge for the good of the service.  On 8 March 1973, pursuant to your request, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that there is an injustice in your case because you petitioned the CO for a hardship discharge.  You had four brothers serving in Vietnam, and you needed to be home to take care of your ailing parents.  The CO denied your request; you rebelled and went “AWOL.” Your CO judged you too harshly because you were trying to receive a hardship discharge.  You further contend that you were young, inexperienced and had no idea that your unacceptable behavior would cause lifelong difficulties.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in two NJP’s, a SPCM conviction, and subsequent discharge, at your request, to avoid trial by court-martial.  Under the totality of the circumstances, the Board 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,