DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 2041-1 6 
FEB 09 2017 

Dear 

This is in reference to your apJlication for correction ofyour naval record pursuant to tle provisions ofTitle 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 three­member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 November 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 of this 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 ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. 

You enlisted in the Marine Corps and began a period ofactive duty on 11 December 1975. On 
25 May and 7 July 1976, you received nonjudicial punishment (NJP) for two periods of 
unauthorized absence that totaled seven days. 

On 20 June 1977, you submitted a written request for a good of the service discharge in order to avoid trial by court-martial for three periods of unauthorized absence as evidenced by your absence of 29 July 1976 to 24 August 1976, 26 August 1976 to 13 October 1976, and 15 October 1976 to 2 May 1977 that totaled 273 days. Prior to submitting this request, you conferred with a qualified military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge. Your request was granted and your Commanding Officer was directed to issue you an Other Than Honorable (OTH) discharge by reason of the good of the service. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor. On 7 July 1977, you were issued an OTH discharged. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your contention that you were told that your discharge could be upgraded after two years and your prior honorable service from the Massachusetts National Guard. The Board concluded these factors were not sufficient to warrant relief in your case given the severity 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 was approved since, by this action, you escaped the possibility of confinement at hard labor and a punitive discharge. The Board further concluded that you received the benefit ofyour bargain with the Marine Corps when your request for discharge was granted and should not be permitted to change it now. Further, be advised that there is no provision in law or regulations that allows for re-characterization of a discharge automatically, due solely to the passage of time. Accordingly, your arplication has been denied. I 
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 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 ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

Executive Director