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

 Docket No: 4517-18 

 Ref: Signature Date 

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 
17 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. 

You enlisted in the Marine Corps and began a period of active duty on 8 April 1969. You served 
for five months without disciplinary incident, but during the period from 6 October 1969 to 
11 June 1970, you were in an unauthorized absence (UA) status from your unit for two periods 
totaling 236 days, the second of which was terminated by apprehension. On 13 August 1970, 
you made a written request for discharge for the good of the service (GOS) to avoid trial by 
court-martial for the foregoing periods of UA. Approximately three weeks later, on 8 September 
1970, while your GOS request was pending, you were again in a UA status from your unit. On 
14 September 1970, the separation authority denied your GOS request for discharge. On 
12 October 1970, you were apprehended by civil authorities On 
4 November 1970, you made another written request for discharge for the good of the service to 
avoid trial by court-martial for your now three periods of UA totaling 271 days. 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. On 12 November 1970, your GOS request was reviewed by a staff judge advocate 
and determined to be legally sufficient. Your GOS request was granted, and the separation 
authority directed that you be separated from the naval service with an other than honorable 
(OTH) characterization of service. As a result of this action, you were spared the stigma of a 
court-martial conviction and the potential penalties of a punitive discharge and confinement at 
hard labor. On 25 November 1970, pursuant to your request, you were discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your 
contention that your counsel did not advise you of other options you could have requested. The 
Board concluded these factors were insufficient to warrant relief in your case because of the 
seriousness of your repeated misconduct that resulted in periods of UA lasting more than nine 
months, and your request for discharge to avoid court-martial. The Board relies on a 
presumption of regularity to support the official actions of public officers and, in the absence of 
substantial evidence to the contrary, will presume that they have properly discharged their 
official duties. Your allegations, unsupported by your service record, failed to overcome that 
presumption. Accordingly, 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 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.