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

Docket No: 2929-19 
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 7 May 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 2 January 1973. On 10 May 1973, you received non-judicial punishment (NJP) for unauthorized absence (UA) and missing ship’s movement.  On 9 August 1974, you received your second NJP for UA for the period from 18 July 1974 to 7 August 1974. On 29 April 1975, you submitted a written request for separation for the good of the service to avoid trial by court-martial for UA for the period of 9 August 1974 to 16 April 1975. 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 a part of this discharge request, you admitted your guilt to the foregoing period of UA and acknowledged that your characterization of service upon discharge would be other than honorable (OTH).  Your request was granted and your commanding officer was directed to issue you an OTH characterization of service for the good of the service.  On 19 June 1975, pursuant to your request, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge.  The Board considered your contention that you were happy in the Navy.  Your records were lost when you arrived to your new command after transferring from the USS Little Rock.  You state that you hand carried your records with you and turned them over to the master-at-arms (MA) when you reported.  The next day, your records could not be found and after three weeks and having all of your possessions stolen, you told the MA that they have your home address and could find you there.  You further contend that no one looked for you.  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 NJPs and subsequent discharge at your request to avoid trial by court-martial.  In regard to your contention, the Board determined that although you contend that your records were lost and your possessions were stolen, there is no evidence in your record, and you presented none, to substantiate your reasoning for your periods of unauthorized absence.  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,