DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAl RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2238-18 Dear This 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 22 July 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. In addition, the Board considered the 16 July 2018 advisory opinion (AO). Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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 Reserve and began a period of active duty for training on 27 December 1972. You returned to a drilling reserve status upon your release from active duty. Your record indicates that you were absent without authorization for drills from September 1973 through September 1974. In October 1974 you were recommended for involuntary assignment to active duty indicating that you performed mostly satisfactorily while in an active duty environment. You were returned to active duty. You stated that in early 1975, while home on leave, you found your wife was being unfaithful; on 1 November 1975, you absented yourself without authorization (UA). Your period ofUA terminated by surrender on 9 August 1976. On 30 August 1976, you submitted a request for an other than honorable discharge characterization in lieu of trial by court-martial. Your request was approved and, on 1 October 1976, you were discharged from the Marine Corps, and received an other than honorable characterization of service. You request an upgrade to your characterization of service from other than honorable to either general or honorable. You provided a brief and supporting documentation detailing your childhood, the challenges you faced in your youth, your affiliation with the Marine Corps, your post-service difficulties, and your multiple medical conditions including cancer, renal failure, chronic kidney disease, and diabetes. You ask that your youth, immaturity, and mental capacity be taken into consideration. You state that you are deserving of an upgrade because of medical necessity, youth, limited education, tough upbringing, significantly low performance on mental assessments/categorical performance indicators, and a presumption of eligibility for medical benefits due to exposure to contaminated water at Camp Lejeune but for your discharge characterization. A licensed clinical psychologist reviewed your petition, along with all of the available records, and provided the Board with an AO on 16 July 2018. The AO noted that there is no formal mental health diagnosis in your records; therefore, there was no basis upon which to conclude that you suffered from any type of diminished mental capacity or mental health condition to which your misconduct could be attributed. A copy of the AO was mailed to you on 27 August 2018, and you were provided 30 days in which to submit additional records or information for the Board to consider. When the Board did not receive a response, it considered your application on the available records. The Board carefully reviewed your application and took into account the mitigating factors referenced in your petition to include your youth, your current health problems, and your inference that your background did not prepare you to comprehend and perform successfully in a military environment. The Board, however, noted that your UA was for a significant period and you requested an other than honorable characterization of service to avoid trial by court-martial where your punishment could have been more severe, such as a bad conduct discharge. Even in consideration of the mitigating factors in your application, the Board found that the seriousness of your UA due to its length, along with your request for an other than honorable discharge to avoid court-martial, supported your current characterization of service, and that there was no material error or injustice. 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.