Docket No: 5091-19 
Date: Ref Signature 

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 1 July 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 19 February 1975.  You received non-judicial punishment (NJP) on 5 November 1975 for unauthorized absence (UA).  You received your second NJP on 6 May 1976 for UA.  On 19 November 1976, you were convicted at a special court-martial (SPCM) for three specifications of UA.  You went on a period of UA from 25 December 1976 until your surrender on 10 May 1977.  You went on another period of UA from 16 June 1977 until your surrender on 17 June 1977.  On 30 June 1977, you were discharged with an other than honorable (OTH) characterization of service in lieu of trial by court-martial. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you never intended to dishonor your country or the Navy, you were young and under duress at the time of your desertion, you have lived with this for 42 years, and you need veteran status.  Please note that there is no provision in law or regulation that provides for an upgrade of characterization based solely on the passage of time.  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. 
 
Sincerely,