Docket No: 10563-18 
Ref: Signature Date 
 
This is in reference to your application of 11 October 2018 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 that 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 November 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 10 June 1980.  On 30 March 1981, you received non-judicial punishment (NJP) for an unauthorized absence totaling 25 days.  On 23 June 1982, you received your second NJP for assault.  On 25 January 1983, you submitted a written request for separation for the good of the service, in lieu of trial by court-martial, for three specifications of unauthorized absence and willful disobedience.  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.  You requested a general characterization of service, but your letter acknowledged that you could be given a discharge under other than honorable conditions.  Your request was granted and your commanding officer was directed to issue you an other than 
honorable discharge by reason of good of the service.  On 16 March 1983, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that the totality of your service speaks for its self, and that you were misled with the type of discharge you would receive.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct, which resulted in your discharge in lieu of trial by court-martial.  Regarding your contention, there is no evidence in the record and you presented none to support your contention that you were misled concerning the type of discharge you received. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  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.