DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9555-18 Ref: Signature Date 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 18 September 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 active duty on 11 February 1974. During the period from 17 March 1975 to 5 March 1976, you were in an unauthorized absence (UA) status a total of 354 days. On 10 March 1976, your case was referred to a special court-martial for trial of this UA period. On 15 March 1976, you submitted a written request for separation from the naval service for the good of the service, to escape trial by court-martial for the aforementioned period of UA. Prior to submitting this request, you conferred with a qualified military lawyer, at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge. In his forwarding endorsement to the separation authority, your commanding officer (CO) stated that you were “not in pretrial confinement,” and recommended that you be discharged with an undesirable discharge. Your request was granted and your CO was directed to discharge you with an other than honorable (OTH) characterization of service. On 19 March 1976, pursuant to your request, you were so discharged, approximately two weeks after you returned to military custody from your UA. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contentions that if you had been treated right you would not have gone absent without leave (AWOL); that during your summary court-martial your lawyer told you that you could not tell the truth about why you went AWOL; that your lawyer made you sign for a hardship discharge to cover up the truth; that you were told if you wanted out of the Marine Corps, you had to “pay $30,000” to the government to receive an honorable discharge or sign out with an undesirable discharge; and that you were put in solitary confinement and “starved.” However, the Board concluded these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct and subsequent discharge at your request to avoid trial by court-martial. Regarding your contentions, there is no evidence in the record, and you did not provide any evidence, to support your contentions. Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge action that would warrant a change in 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.