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

Docket No: 5139-18                                     
Ref: Signature Date 

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 14 August 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 25 July 1973.  On 2 May 1974, you received nonjudicial punishment (NJP) for an unauthorized absence totaling 38 days.  During the period from 20 August 1974 to 14 January 1975 and 31 March 1975 to 14 October 1975, you were in an unauthorized absence (UA) status a total of 344 days.  You then submitted a written request for separation for the good of the service, in lieu of trial by court-martial, for the aforementioned periods of UA.  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.  Your request was granted and your commanding officer was directed to issue you an other than honorable (OTH) discharge by reason of good of the service and on 12 December 1975, you were discharged. 

The Board carefully considered your request to upgrade your discharge and contention that you regret the trouble you had gotten into while you were in the Marine Corps.  You explained that you were immature and made some bad decisions that affected your discharge.  You have since changed as a person and have seen the error of your ways.  The Board considered your contentions, but concluded there was an insufficient basis to warrant relief because of the seriousness of your misconduct and subsequent discharge in lieu of trial by court-martial.  The Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service.

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.