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

Docket No: 1933-18
Date: Ref Signature  

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 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 24 April 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 pconsidered 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 April 1979.  From the period 7 February 1980 to 19 January 1981 you received non-judicial punishment (NJP) on five occasions misconduct including: absenting yourself from your unit without authorization (UA), violations of general orders and being found sleeping as a sentinel, UA from your appointed place of duty, behaving with disrespect towards a superior commissioned officer, and breaking restriction.  On 22 January 1981, you acknowledged a written counseling that further deficiencies on your part may result in administrative separation or further disciplinary action.  Three months later, you went UA from 18 March 1981 to 29 December 1981.  Subsequently, you submitted a request to be discharged for the good of the service (GOS) in lieu of being tried by court-martial.  On 26 February 1982, the staff judge advocate determined your request to be sufficient in law and fact.  On 1 March 1982, your discharge was approved and, per your request, you were discharged from the naval service on 15 March 1982, with an other than honorable (OTH) characterization of service in lieu of trial by court-martial.

The Board carefully weighed all potentially mitigating factors in your case, including your request to upgrade your discharge, and your contentions that you had a good conduct medal, that you spent most of your time as a good Marine and never received a court-martial. Regarding your contention about your medal, the notation on your Certificate of Discharge or Release from Active Duty (DD Form 214), does not show that you received a good conduct medal, but only sets forth the reset starting date for the next period of you would have been eligible to receive the award in light of your last instance of misconduct. The Board also noted that you avoided court-martial by requesting a GOS discharge in lieu of court-martial. The Board concluded that the 
severity of your misconduct, which resulted in five NJPs and your GOS discharge, outweighed your desire to upgrade your discharge. Accordingly, under the totality of the circumstances, the Board in its review 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 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,

 
7/11/2019