DEPARTMENT OF THE NAVY 

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

Docket No: 1134-16 

DEC 27 2016 

Dear

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, 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 threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 3 August 2016. The names and votes of the members ofthe 
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 ofthis 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 

Regarding your request for apersonal appearance, Board regulations state that personal 
appearances before the Board are not granted as a right, but only when the Board determines that 
such an appearance will serve some useful purpose. In your case, the Board determined that a 
personal appearance was not necessary and considered your case based on the evidence of 
record. 

You enlisted in the Marine Corps, began a period ofactive duty on 26 October 1978. You 
served for about two years and two months without disciplinary incident, but on 14 April 1980 
you received nonjudicial punishment (NJP) for failure to obey a lawful order given by a superior 
officer. On 10 December 1980, you were in an unauthorized absence (UA) status from your unit 
until 17 September 1981, a period of 281 days. On 18 September 1981, you submitted a written 
request for an other than honorable discharge in order to avoid trial by court-martial for the 
foregoing period ofUA. Prior to submitting this request you conferred with a qualified military 
lawyer at which time you were advised of your 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 other than honora9le discharge by reason of the 
good ofthe service. As a result of this action, you were spared the stigma of a court-martial 
conviction and the potential penalties ofa punitive discharge and confinement at hard labor. On 
5 November 1981, you were issued an other than honorable discharge. 

The Board, in its review ofyour entire record and application carefully weighed all potentially 
mitigating factors, such as your desire to upgrade yoilr discharge. Nevertheless, the Board 
concluded these factors were not sufficient to warrant relief in your case because of the 
seriousness ofyour misconduct that resulted in an NJP, a period ofUA lasting over six months 
and your request for discharge. The Board believed that considerable clemency was extended to 
you when your request for discharge to avoid trial by court-martial was approved. Further, 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 permitted to change it now. Finally, the 
Board determined that your desire to upgrade your discharge to receive medical treatment was 
not enough to outweigh the significant misconduct you committed. Accordingly, your 
application has been denied. 

Regarding your concern about eligibility for healthcare whether or not you are eligible for 
benefits is a matter under the cognizance ofthe Department of Veterans Affairs (DVA), and you 
should contact the nearest office of DV A concerning your right to apply for benefits. 

Itis 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 and material 
evidence or other matter not previously considered by the Board within one year from the date of 
the Board's decision. 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, 

Executive Director