Docket No: 4920-19 
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 25 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 duty on 1 November 1972.  On 13 March 1974, you submitted a written request for separation for the good of the service to avoid trial by court-martial for six specifications of unauthorized absence (UA), to wit: two specifications of UA totaling 99 days, and four specifications of failure to go at the time prescribed to your appointed place of duty.  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 part of this discharge request, you admitted your guilt to the foregoing charge and specifications 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 9 April 1974, pursuant to your request, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge and correct your social security number (SSN).  The Board considered your statement, to include your contention that your recruiter input the wrong SSN in your paperwork when you joined the Navy.  You further contend that you were advised to take the type of discharge you received because you could have been in the brig for a long time; you believe that you were provided misinformation.  After careful consideration, the Board concluded that these factors were insufficient to warrant relief in your case based on the seriousness of your misconduct and subsequent discharge at your request to avoid trial by court-martial.  In regard to your contention that you were provided misinformation, there is no evidence in your record, and you presented none, to support your contention.  In regard to your contention concerning your SSN, there is no evidence in your record, and you provided no evidence to support your contention that your record reflects an incorrect SSN.  Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge that warrants corrective action. 
 
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, 
 
  
8/26/2020


Deputy Director