Docket No: 8727-17
									
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 5 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, relevant portions of your naval record as well as applicable statutes, regulations and policies.

Following your enlistment in the Marine Corps, you served in Vietnam from October 1972 to February 1973.  On 16 March 1973, you received non-judicial punishment for disrespectful language toward a non-commissioned officer and sleeping on post.  Subsequently, you were absent without authority twice for extended periods of time totaling 459 days.  In June 1975, you submitted a written request for discharge for the good of the service to avoid trial by court-martial for unauthorized absence (UA).  Your request was granted and the commanding general directed your commanding officer to issue an other than honorable (OTH) discharge for the good of the service.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you were given a choice between six months’ hard labor or a discharge from the Marine Corps.  The Board found that these factors were not sufficient to warrant relief in your case given your lengthy period of UA and request for discharge in lieu of a trial by court-martial.  You did not submit any further contentions or details regarding the circumstances of your UA or discharge that would indicate injustice or error.  

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 of probable material error or injustice.

  
Sincerely,


Executive Director