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

Docket No: 5242-19 
Date: Ref Signature 

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 that 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 11 March 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  11 May 1973.  On 28 June 1973, you received non-judicial punishment (NJP) for three specifications of communicating threats and use of indecent language to a female civilian.  On 7 February 1974, you were counseled regarding your misconduct, and notified that further deficiencies may result in administrative separation processing.  On 28 February 1974, you requested a good of the service (GOS) discharge to escape trial by special court-martial as a result of the following charge: unauthorized absence from 10 December 1973 to 6 February 1974.  On 13 March 1974, pursuant to your request, you were discharged with an other than honorable (OTH) characterization of service for the good of the service. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your contention of your youth, and your request to access to Veterans benefits.  In regard to your contention, the Board considered your youth and immaturity as factors but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board also noted that there is no requirement in law or regulation that grants recharacterization of service solely on the issue of obtaining Veterans benefits.  The Department of Veterans Affairs (DVA) determines eligibility for post-service benefits.  You may contact the nearest office of the DVA concerning your right to apply for benefits. 

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,