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


Docket No: 7993-15 
DEC 2 1 2016 

This is in reference to your application for correction of your record pursuant to the provisions of Title 10 ofthe United States Code, Section 1552. 
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 for Correction ofNaval Records, sitting in executive session, considered your application on 4 August 2016. The names and votes of the members of the panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your record, and applicable statutes, regulations, and policies. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. You enlisted in the Marine Corps, began a period ofactive on 10 October 1968, and served 13 months without disciplinary incident. Between 19 November 1969 and 6 October 1970, you absented yourselffrom your unit on three separate occasions totaling approximately 267 days of unauthorized absence (UA). 

On 3 December 1970, you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for your periods of UA. Prior to submitting this request you conferred with a qualified military lawyer at which time you were advised ofyour rights and warned ofthe probable adverse consequences ofaccepting such a discharge. Subsequently, your request was granted and the Commanding Officer was directed to issue you an undesirable discharge by reason ofthe good ofthe service. As a result ofthis action, you were spared the stigma ofa court-martial conviction and the potential penalties ofa punitive discharge and confinement at hard labor. On 12 January 1971, you were so discharged. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors such as your desire to upgrade your discharge and assertions that you were a good Marine but all your unifom1s were stolen and you did not have the money to replace them. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct which resulted in your request for discharge. The Board believed that considerable clemency was extended to you when your request for discharge to avoid trial by couri -martial was approved. The Board concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you 
should not be pem1itted to change it now. Additionally, there is no provision offederal law or in Navy/Marine Corps regulations that allows for a discharge upgrade, recharacterization of service, or a change in a reentry code due solely to the passage oftime. Accordingly, your application has been denied. 

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 ofnew and material evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 
Sincerely, 

Executive Director 
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