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

Docket No: 10984-18 
Ref: Signature date 

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 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 11 December 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 28 January 1976.  On 11 June 1976, you received non-judicial punishment (NJP) for sleeping on post.  On 11 April 1977, you were convicted by special court-martial of an unauthorized absence (UA) totaling 96 days.  On 3 August 1978, you submitted a written request for separation for the good of the service, in order to avoid trial by a second court-martial, for a UA totaling 382 days.  Prior to submitting this request, you conferred with a 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 was directed to discharge you with an other than honorable (OTH) characterization of service by reason of good of the service. On 25 August 1978, pursuant to your request, you were so discharged.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board considered your contention that you did not realize at the time what a horrible mistake you made by going “AWOL.” You state that “hindsight is 20/20,” that you have “paid a terrible price” since then, and that you are “ashamed [you] let [your] country down as well as [your] family and [yourself.” However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct and subsequent discharge at your request to avoid trial by a second court-martial.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 

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. 

Sincerely, 


1/22/2020