DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2864-19 Ref: Signature Date Dear: 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 30 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 suppsupport 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 5 October 1989. On 7 August 1990, you missed ships movement. On 29 March 1991, you were convicted at a special court-martial (SPCM) for unauthorized absence (UA). On 15 May 1991, you were notified of the initiation of administrative separation processing by reason of misconduct-commission of a serious offense, at which point, you elected to consult with counsel but waived your right to be represented and have a hearing before an administrative discharge board. On 18 June 1991, the discharge authority approved and directed your discharge. On 1 July 1991, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you had family problems, that your wife contacted the command and made disparaging remarks about you that ruined your military career, and that her actions resulted in you being hospitalized for attempting suicide, which led to your separation with a dishonorable discharge. The Board noted you provided no information other than your statement to corroborate that personal problems existed. 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 the discharge. Regarding your contention that you need VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the nearest office of the VA concerning your right to apply for benefits. If you have been denied benefits, you may appeal that denial under procedures established by the VA. Regarding your contention that you desire an upgrade in order to obtain suitable employment, there is no provision in law or regulations that allows for upgrading the characterization of a discharge to aid in obtaining employment. 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,