DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1882-19   
Date: Ref Signature 

This is in reference to your application of 18 January 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 4 March 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 Marine Corps and began a period of active duty on 22 January 1979.  On 14 January 1980, you received non-judicial punishment (NJP) for unauthorized absence (UA), and thirty specifications of failure to go to restricted men’s muster.  On 9 May 1980, you received NJP for dereliction of duty, leaving your appointed place of duty, and failure to obey a lawful order, at which point you were counseled regarding your frequent involvement with military authorities.  On 8 June 1981, you received NJP for dereliction of duty, abandoning your duty section, absence from your unit, and failure to go to your appointed place of duty.  You went on a period of UA from 11 June 1981 to 8 November 1981.  Your record does not contain information on your separation but according to your Certificate of Discharge or Release from Active Duty (DD Form 214), you were discharged for the good of the service.  Regulations stated that a Sailor had to request discharge for the good of the service to avoid trial by court-martial before he could be so separated, and further stated that before making such a request, the Sailor must be advised by military counsel concerning the consequences of such a request.  Since you were discharged by reason of good of the service, the Board presumed that the foregoing occurred in your case. Because you requested discharge in lieu of trial, you essentially received the benefit of your bargain when you were discharged and not tried by court-martial.  On 29 March 1982, 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, including your desire to upgrade your discharge, and contentions that you were young and otherwise gave honorable service.  In regard to your contentions the Board considered your youth and service but concluded that the severity of your misconduct outweighed your current 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, 

3/27/2020