Docket No: 3286-19 
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 21 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 service on 27 July 1976.  On 26 August 1976, following an investigation for fraudulent enlistment you were recommended for retention.  You went on a period of unauthorized absence from 16 March 1977 until your apprehension by civil authorities on 27 July 1977.  On 22 August 1977, you were counseled regarding your misconduct.  As a result of the foregoing, you submitted a written request for a good of the service (GOS) discharge in order to avoid trial by court-martial for your periods of UA.  On 27 September 1977, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of good of the service (GOS).  You were discharged on 30 September 1977. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  Finally, the Board found no error or injustice in your record that warrants an upgrade in the characterization of your service.  

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,