Docket No: 3570-18

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 12 June 2019.  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 Marine Corps and began a period of service on 4 March 1977.  On 17 August 1979, you were convicted at a summary court-martial for unauthorized absence (UA) from  February 1979 to  August 1979.  You went on second period of UA from  October 1979 to  February 1980.  Subsequently, you submitted a good of the service (GOS) request for discharge in lieu of trial by court-martial.  On  May 1980, the staff judge advocate (SJA) recommended denial of your GOS request.  On 6 May 1980, the commanding general directed your retention in the USMC.  On  May 1980, you were convicted at a special court-martial (SPCM) for the aforementioned period of UA.  You were discharged on 2 September 1981, with an other than honorable (OTH) characterization of service, by reason of misconduct-frequent involvement.

The Board carefully weighed all potentially mitigating factors, such your youth and immaturity, your requrest to upgrade your discharge and contentions that you would receive a general discharge, you have become a model citizen, and you wish to be eligible for burial with military honors. The Board commended your efforts to be a model citizen. Notwithstanding, the Board noted you provided no evidence, and your record does not contain any, to support your contention that you were notified you would receive a general discharge. The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, presumed that those officers have properly discharged their official duties. The Board in it review discerned no material error or injustice in the discharge. The Board concluded that the severity of your repeated misconduct outweighed your current mitigating factors. Although there is no provision of law that changes the characterization of service for veterans’ benefits, the Department of Veterans Affairs may determine that a period of your service was honorable for benefits purposes under its own regulations. 

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.