Docket No: 949-20 
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 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 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 23 March 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 started a period of active-duty service on 27 April 1976.  On 17 November 1976, you received nonjudicial punishment (NJP) for misbehavior of a sentinel (sleeping on post).  On 3 May 1977, you received a second NJP for willful disobedience of a superior non-commissioned officer by failing to report to the regimental building for a working party.  On 16 May 1977, you began a period of unauthorized absence (UA) and were declared a deserter on 16 June 1977.  Your record indicates your period of UA terminated on 30 October 1977.  You had a second period of UA from 7 November 1977 through 25 May 1978.  On 20 July 1978, you submitted a request for an other than honorable (OTH) discharge in lieu of trial by court-martial.  Your request indicated that you had the opportunity to consult with counsel.  On 6 September 1978, you were discharged pursuant to your request with an OTH characterization of service and a reentry (RE) code of RE-4. You request a change to your OTH characterization of service, and state that you were young, dumb and stupid, and listened to the wrong Marines while you were on active duty. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that your youth and peer influence impacted your conduct.  The Board found, however, that the significant combined length of your UAs could not be overcome by youth, immaturity, or poor decision-making.  The Board also noted that you consulted with counsel prior to submitting your request for OTH discharge to avoid trial. 

The Board concluded that your OTH characterization of service is supported by the seriousness of your repeated misconduct, and that, therefore, corrective action is not warranted. 

It is regretted that the circumstances of your case are such that favorable action is not warranted.  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.