DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6102-18 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 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, and applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 3 July 1967. You subsequently completed this enlistment with an Honorable characterization of service on 20 May 1971 and reenlisted on 21 May 1971. On 26 November 1974, you were convicted by summary court-martial (SCM) of absence from your appointed place of duty. On 9 January 1975, you received non-judicial punishment (NJP) for an unauthorized absence. During the period from 7 March 1975 to 1 May 1975, you were in an unauthorized absence (UA) status for a total of 52 days. On 8 May 1975, you submitted a written request for separation for the good of the service, in lieu of trial by court-martial, for the aforementioned period 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 discharge you with an other than honorable (OTH) characterization by reason of for the good of the service and on 6 July 1975, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you served honorably from July 3, 1967 to May 20, 1971. The residuals traumatic events that you experienced contributed to your behavior. The Board considered your contention and noted that the record contains documented evidence that is contrary to your stated period of service. The record documents your period of service in the from 27 May 1969 to 19 February 1970. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct and subsequent discharge in lieu of trial by court-martial. The Board discerned no impropriety or inequity 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 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.