Docket No: 3576-19 
Ref: Signature Date 


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 4 June 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 9 July 1975. On 14 September 1977, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 19 January 1979, you were counseled regarding your misconduct.  On 26 February 1979, you submitted a written request for a good of the service (GOS) discharge in order to avoid trial by court-martial for the following charges: three specifications of UA.  On 21 March 1979, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service for the good of the service (GOS).  You were discharged on 27 March 1979. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you left the ship without following the proper procedures because your wife had abandoned your child, and you went home to seek custody and to take care of him.  The Board also considered your desire for housing and medical benefits.  The Board reviewed the materials you submitted with your application.  Please note there is no requirement in law or Navy regulation that grants an upgrade in the characterization of service solely based on the issue of obtaining veterans medical or housing benefits. The Board noted that you requested and were granted a GOS discharge in order to avoid the punishments and stigma of a court-martial conviction.  After careful consideration of your contentions, 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.