Docket No: 6717-19 
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 24 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, 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 4 October 1989.  You commenced a period of unauthorized absence (UA) from 26 May 1990 until your surrender on 24 June 1990.  You received non-judicial punishment (NJP) on 12 July 1990 for the period of UA.  On 22 July 1990, you were counseled regarding your misconduct, and notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 26 January 1991, you received NJP for periods of UA from 26 November 1990 to 12 December 1990, and from 22 December 1990 to 27 December 1990.  On 31 May 1991, you received NJP for periods of UA from 29-30 April 1991, 6-9 May 1991, 13-14 May 1991, and 20-21 May 1991.  On 1 March 1992, you received summary court martial (SCM) for three specifications of UA, and missing ships movement.   
 
On 4 March 1992, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to commission of a serious offense.  On 5 March 1992, you waived your right to consult with and to be represented by counsel, and you also waived your right to a hearing before an administrative discharge board.  On 17 March 1992, the discharge authority approved and directed your discharge from naval service.  You again went on UA from 11 May 1992, until your surrender on 13 May 1992.  On 20 May 1992, you were discharged with an other than honorable characterization of service by reason of misconduct due to commission of a serious offense. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of good service, your youth, family problems, and desire for health care and social security benefits.  The Board also reviewed the materials and certificates that you submitted with your application.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  Please note there is no requirement or law that grants re-characterization of service solely on the issue of obtaining veterans 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,