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

Docket No: 1904-20              
Ref: Signature date 

This letter 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 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 14 May 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 7 August 1972.  On 12 February 1973 and 30 August 1973, you received nonjudicial punishments for failure to obey a lawful order and dereliction of duty and for an unauthorized absence.  On 11 September 1973, you commenced a period of unauthorized absence that lasted until 20 February 1974.  You were then convicted at a special court-martial for the unauthorized absence.  On 15 January 1975, you were discharged from the Marine Corps with a general (under honorable conditions) characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your assertion that you went on your unauthorized absence because your mother was ill, and that after being denied emergency leave, you sought assistance from the Red Cross to no avail.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. The Board noted that, despite your having two nonjudicial punishments and a special court-martial conviction, you were able to complete your service in the Marine Corps, and you achieved a general (under honorable conditions) discharge, notwithstanding your involvement with military authorities. Further, the Board considered your distinguished career and public service after leaving the Marine Corps.  The Board believed that this post-military service is laudable, yet, it did not sway their decision, based on the factors noted above. 

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, 

5/29/2020