Docket No: 8649-17
APR 30 2019						


Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the United States Code, Section 1552.   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.  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 for Correction of Naval Records, sitting in executive session, considered your application on 29 January 2019.  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 on 5 June 1973.  During the period from 20 November 1973 to 6 June 1974, you received five non-judicial punishments (NJP) for four specifications of unauthorized absence (UA) totaling nine days, two specifications of failure to go to appointed place of duty, disobeying a lawful order, reporting to duty in improper uniform, two specifications of breaking restriction, and speeding in a government vehicle.  You were also convicted by special court martial (SPCM) of failure to go to appointed place of duty, two specifications of disobeying a lawful order, wrongful use of provoking words, disrespect toward an NCO, and damage to government property.  On 7 January 1975, you submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial for being in an UA status for 138 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 (CO) was directed to issue an other than honorable (OTH) discharge for the good of the service.  As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of such a punitive discharge.  On 27 January 1975, you were discharged.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you were young and naïve when discharged and need Department of Veteran Affairs (DVA) benefits to help with your mental issues.  However, the Board found that these factors were not sufficient to warrant relief in your case given your repeated misconduct and your request for a GOS discharge in lieu of a trial by court-martial.  

In regard to your contention that you need DVA benefits to help with your mental issues, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA.
      
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  You are entitled to have the Board reconsider its decision upon the submission of new and material evidence.  New evidence is evidence not previously 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.

Sincerely,


Executive Director