DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                             
Docket No: 1143-19 
Ref:  Signature Date 
 
  
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 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 26 May 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 25 June 1981.  On 1 March 1982, you received non-judicial punishment (NJP) for a brief period of unauthorized absence (UA).  On 16 June 1982, you began a period of UA that lasted 202 days, ending on 10 January 1983.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears you submitted a written request for an undesirable discharge for the good of the service in order to avoid trial by court-martial for 202 days of unauthorized absence.  Prior to submitting this request for discharge, you would have conferred with a military lawyer, been advised of your rights, and warned of the probable adverse consequences of accepting such a discharge.  Subsequently, it appears that your request for discharge was granted, and on 3 February 1983, you received an other than honorable discharge in lieu of trial by court-martial.  As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor.  Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Marine Corps.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and in good faith. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded.  The Board also considered your assertions that you were injured in August 1981, tearing your knee ligaments in boot camp, and about a year later, you were told that after you had surgery, you could not be a mechanic.  You contend that you were angry and confused, so you left and began a period of UA.  You contend you were hurt that you were not offered options, like changing your MOS or getting out of the Marine Corps on a medical discharge.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your NJP, lengthy period of UA, the referral of charges to a court-martial, and your request for discharge.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 
 
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, 
 
                                                                           7/16/2020