Docket No: 1450-20 
Ref: Signature Date 


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 relevant portions of your naval record and your application, 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 28 April 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 and began a period of active duty on 27 March 1963. Your record reflects periods of unauthorized absence (UA) from 18 May 1964 to 19 May 1964, from 6 June 1964 to 15 June 1964, from 10 August 1964 to 31 August 1964, and from 5 September 1964 to 21 October 1964. The final period of UA was terminated by apprehension.  On 6 January 1965 you appeared before special court-martial and were found guilty of violating Uniform Code of Military Justice, Article 86 (unauthorized absence (UA) from 10 August 1964 to 31 August 1964, and 5 September 1964 to 21 October 1964) and Article 134 (breaking restriction).  The Court sentenced you to reduction to the grade of private, confinement at hard labor for six months, forfeiture of $40 pay per month for 6 months, and a discharge with a bad conduct discharge.  You were discharged from the Marine Corps on 3 March 1965. 

In your application for correction, you ask for an upgrade to your discharge to reflect an honorable characterization of service.  You state that you were 19 years old when you got into trouble in the Marine Corps and you have carried deep regret about your actions for the past 54 years.  You state that after your discharge from the military, you studied drafting, got married, and have worked in the field of engineering for 48 years. 

The Board reviewed your request for an upgrade to your characterization of service, and carefully considered potentially mitigating factors including the length of time since your discharge, your post-service accomplishments, and your remorse for your misconduct.  Even taking the mitigating factors into consideration, the Board found that the frequency of your misconduct as reflected by multiple periods of UA and your behavior, as documented by your special court-martial conviction, merited your current discharge characterization.  The Board concluded that your current discharge is supported by the evidence in your record and is not overcome by the clemency information you provided.  The Board found that your discharge is proper as issued and does not reflect an error or an injustice. 

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.