Docket No: 2697-19 
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, and Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence with respect to your request to upgrade your characterization of service 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 11 June 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 Marine Corps on 19 January 1972.  On 21 December 1972, you received nonjudicial punishment for unauthorized absence and you were counseled concerning your performance, conduct, and attitude.  On 25 July 1973, you were convicted by a special court-martial for unauthorized absence, willfully disobeying a lawful order, disrespect, and for being drunk on duty.  Next, on 19 September 1973, you received nonjudicial punishment for three instances of failing to obey orders.  On 24 October 1973, you commenced a period of unauthorized absence, which lasted until your surrender on 15 January 1974.  You subsequently submitted a request for an undesirable discharge for the good of the service in lieu of a trial by court-martial for the unauthorized absence.  Your request was granted, and on 13 March 1974, you were discharged with an other than honorable characterization of service. 
 
The Board carefully weighed all of your contentions and mitigating factors, which include that you felt you were bullied into accepting the undesirable discharge, that you felt you were treated unfairly as compared to another Marine, and that you served honorably as a Marine for over a year.  After careful and conscientious review of your entire record and application, the Board did not find evidence of an error or injustice that warrants upgrading 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. 
 
            Sincerely,