Docket No: 1486-20 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 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 26 October 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 28 June 1978. On 8 May 1980, you received nonjudicial punishment (NJP) for unauthorized absence (UA) from your appointed place of duty, disobeying a lawful order to get a haircut and not to talk in formation, and disrespectful language. On 17 February 1981, you began a period of unauthorized absence that terminated upon your return to military control on 4 May 1985. On 30 May 1985, you submitted a request for an other than honorable (OTH) discharge to avoid trial by court martial. The Staff Judge Advocate reviewed your request and on 4 June 1985, recommended its approval. You were discharged from the Marine Corps on 11 June 1985, on the basis of separation in lieu of trial by court martial, and received an OTH discharge and a reentry (RE) code of RE-4. In your application to the Board, you submit a brief in support of your request. You ask the Board for an upgrade to your OTH discharge to reflect an honorable characterization of service, a change to your narrative reason for separation to reflect “Secretarial Authority” with a corresponding separation code, and a change to your RE-4 to an RE-1. You state that after basic training on , you served in the withdrawal of . You were distraught by being put in barracks with a platoon returning from , and began taking on more responsibility to distinguish yourself. You state that you were unable to deploy with your because of the loss of your records by the military and were subsequently transferred to . You struggled to adapt to your new unit and received an NJP for a few minor incidents. After receiving your punishments for the minor infractions, you left base and were absent from 17 February 1981 through 4 May 1985. You state that you never ran or hid, you just returned to your civilian life. You ask that your record be changed as a matter of equity, and ask that the extenuating circumstances of your second assignment, your age, and your personal growth since your discharge be taken into consideration. You ask that the punitive impact of the OTH discharge not continue to follow you. The Board noted that your petition raises struggles to adapt and apathy while you were in the Marine Corps. Accordingly, the Board fully and carefully considered your request in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, and the “Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” memorandum of 25 August 2017. The Board also reviewed your petition in light of the Under Secretary of Defense’s memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” of 25 July 2018. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your transfer to early in your military career, your struggles to adapt, your youth at the time of your UA, and the length of time since your discharge. The Board considered your challenges and determined that you did not provide sufficient direct or indirect evidence to establish that you were struggling from a mental health condition that mitigated your misconduct of UA from the Marine Corps. The Board the reviewed your service record and considered the nature of your misconduct. Although your early infractions were relatively minor, the Board found the length of your UA from February 1981 to May 1985, to be significant. The Board determined that even in consideration of your struggles during your Marine Corps service, the length of your absence was such that the OTH characterization was warranted. The Board determined that your OTH discharge was issued without error or injustice, and does not merit corrective action. The Board also found that your narrative reason for separation accurately reflected your request for separation in lieu of trial by court martial and therefore, the Separation Authority and corresponding separation code should remain unchanged. Finally, the Board determined that given the length and seriousness of the UA of over four years, the RE-4 was appropriate. The Board concluded that your discharge was executed without error or injustice, and corrective action is not warranted. 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 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,