DEPARTMENT OF THE NAVY 

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

Docket No: 2047-16 
FEB 05 2011 

Dear : 

This is in referJce to your application for correction ofyour naval recortl pursuant to the 
provisions oftitle 10 of the 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 2 November 2016. The names and votes ofthe 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 ofyour 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 ofprobable material ertor or injustice. 

You enlisted in the Marine Corps and began a period ofactive duty on 12 May 1971. On 6 June 
1973, you submitted a written request for separation for the good ofthe service in lieu oftrial by 
court-martial for two periods ofunauthorized absence (UA) totaling 512 days. 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 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 ofin lieu oftrial by court martial. 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 5 July 1973, you were 
discharged with OTH characterization ofservice. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge and your family situation. The 
Board concluded these factors were not sufficient to warrant relief in your case given your 
prolong periods ofUA, which resulted in your request for discharge. Accordingly, your 
application has been denied. 

It is regretted that the circumstances ofyour 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 ofthe 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 naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director