DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8696-17 MAY 17 2019 Dear : This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 19 February 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 28 January 1983. On 8 May 1987, you submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial for being in an unauthorized absence (UA) status for 1229 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 (0TH) 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 May 1987, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, add your deployment, service ribbons/badges, vessels served aboard to your Certificate of Release or Discharge from Active Duty (DD Form 214), and contentions that you went UA to help your mother and brother after being denied leave, that you earned a bachelor's degree, and remained trouble free since being discharged. However, the Board found that these factors were not sufficient to warrant relief in your case given your lengthy period of UA and request for a GOS discharge in lieu of a trial by court-martial. In regard to your contention that you earned a bachelor's degree and remained trouble free since being discharged, the Board noted that while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge. In regard to your request to add your deployment, service ribbons/badges, and vessels served aboard to your DD Form 214, the Board noted that you should contact Headquarters, United States Marine Corps, Deputy Chief of Staff for Manpower and Reserve Affairs (M&RA) Department, Separation Section (MMSR-3), 3280 Russell Road, Quantico, VA 22134-5103 to request that administrative corrections be made on your DD Form 214. 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 matters. New matters are those not previously presented to or 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 ofprobable material error or injustice. Sincerely, Executive Director