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

Docket No:  2061-18  
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although you did not file your application 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 1 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 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 6 November 1972.  On 22 April 1973, you began a period of unauthorized absence (UA) that continued until you were apprehended on 6 August 1973.  On 11 August 1973, you went UA again until you were apprehended on 24 October 1973.  On 2 November 1973, you requested an undesirable discharge for the good of the service (GOS) to avoid trial by court-martial.  Your request for discharge was granted and, on 28 November 1973, you received an other than honorable discharge. 
You requested the Board upgrade your discharge to general (under honorable conditions).  You explained that your youth and immaturity, as well as being homesick, caused you to walk away from your responsibilities.  You stated you now understand you should have completed your service obligation and gone through the proper channels to request time off to visit your family.  Additionally, you claimed you are now a different person than when you were 17 years old, you are truly sorry for your actions, and, if you could do it again, there would be a different outcome. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your record of service, and that your actions were due to youth and immaturity.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct and your request for discharge.  The Board believed that considerable clemency was already extended to you when your request for discharge was approved. 

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, 


6/24/2019