Docket No: 1499-20 
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 the entire record, 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 was 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 2 November 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 6 February 1979.  On 26 June 1979, nonjudicial punishment (NJP) was imposed on you for Sleeping on Post.  On 21 September 1979, NJP was imposed on you for Unauthorized Absence (UA) and you were issued a retention warning.  On 14 February 1980, you were convicted at a Special Court-Martial (SPCM) of three periods of UAs.  On 27 March 1980, you were not recommended for promotion.  On 4 August 1980, NJP was imposed on you for three periods of UA.  The following day, you commenced a period of UA that lasted until 14 October 1980.  On 21 October 1980, you requested a discharge with an Other than Honorable (OTH) characterization of service to escape trial by court-martial.  On 17 November 1980, the Staff Judge Advocate to the Convening Authority (CA) found the request legally sufficient.  On 20 November 1980, the CA approved the request and directed you be administratively separated with an OTH discharge.  On 9 December 1980, you were discharged with an OTH characterization of service.   
 
You requested an upgrade of your discharge.  You asserted you were too young to understand what was going on, went home on leave, got in an automobile accident and everything went downhill from there.  You asserted that you are in the Marine Corps League and a chaplain.  Finally, you asserted that, you were told that when you got out of the Marine Corps, you were entitled to an upgrade.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your misconduct, which resulted in three NJPs, an SPCM conviction, and your request for discharge to escape a second trial by court-martial.  
  
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,