Docket No: 6342-19 
Date: Ref Signature 
  
 
Dear  : 
 
This is in reference to your application of 11 February 2019 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 12 August 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 9 June 1972.  You went on a period of unauthorized absence (UA) from 1 June 1973 to 19 June 1973.  You went on a second period of UA from 6 September 1973 to 12 September 1973.  On 13 February 1974, you were convicted at a special court martial for UA (5 November 1973-1 January 1974).  On 17 September 1974, you received your second SPCM conviction for UA (18 May 1974-14 July 1974).  You went on a period of UA from 15 February 1975 to 22 April 1975.  Although the discharge documentation is not in your record, it appears that you requested discharge for the good of the service to avoid trial by court-martial for further misconduct.  On 6 June 1975, 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 in your case, such as your desire to upgrade your discharge.  The Board determined there is insufficient evidence to warrant relief in your case given your pattern of misconduct which resulted in two SPCMs.  In this regard, the Board concluded the seriousness of your misconduct outweighed your desire to upgrade your discharge. 
 
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,