Docket No: 5094-19 
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 15 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active service on 1 February 1973.  From the period beginning on 6 February 1973 to 3 July 1974, you received non-judicial punishment (NJP) on three occasions for the following offenses: violation of a lawful order, misbehavior of a sentinel, failure to obey a lawful order, and five specifications of unauthorized absence (UA).  On 3 July 1974, you were counseled and notified that further misconduct may result in the initiation of administrative separation proceedings.  On 27 August 1974, you received NJP for UA and forgery.  On 1 October 1974, after consulting counsel, 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: ten specifications of UA.  In your written request for discharge, you stated, in part, you could not adapt to Navy life.  On 9 October 1974, your commanding officer recommended approval of your request for GOS discharge in lieu of trial by court-martial.  On 4 November 1974, you were discharged with an other than honorable (OTH) characterization of service for the good of the service (GOS). 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you were not aware of your discharge process and your discharge was initiated in error as a result of your request for transfer from your duty station.  The Board noted your statements regarding the events that lead to your discharge are contrary to the record.  Further, 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. 
 
Sincerely, 
 
9/9/2020

Executive Director