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

Docket No: 3322-20 
Ref: Signature date 

Dear: 

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 the evidence with respect to your request to upgrade your characterization of service 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. 

Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy on 11 May 1973. On 16 July 1973, you commenced a period of unauthorized absence.  While you were in an unauthorized absence status, you missed your ship’s movement to .  You surrendered from your absence on 19 September 1973. You then commenced another unauthorized absence period on 28 September 1973, which ended on 14 January 1974. The next day you departed on another unauthorized absence status, returning the next day.  The next month, on 11 February 1974, you submitted a package for an undesirable discharge for the good of the service to avoid action under the Uniform Code of Military Justice.  On 28 February 1974, you again commenced a period of unauthorized absence that lasted until 23 July 1974.  On 21 August 1974, you were discharged with an other than honorable characterization of service. 

The Board carefully weighed your contentions and mitigating factors, which include that you were mistaken when you were young, that the Viet Nam era was a tumultuous time, and you were immature and torn about military service. You state you drank alcohol and used drugs then, and that now you are a changed person.  You have included two letters of recommendation, which the Board carefully reviewed.  The Board commends you on making changes and on your civilian accomplishments in the years since your discharge.  Despite these changes in your life, the Board noted that the vast majority of your time in the Navy was spent in an unauthorized absence status.  Ultimately, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of 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,