DEPARTMENT OF THE NAVY 

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


Docket No. 6622-18 
Ref: Signature Date 

Dear 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, 
the 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 case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application on 21 February 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. 

A review of your record shows that you entered active duty with the Marine Corps in October 
1978. You entered the Marine Corps with non-disqualifying left varicocele condition that was 
aggravated by your service and treated through 1980. You left your unit without authorization 
on 20 November 1981 and remained absent until 1 May 1981. On 19 May 1981, with the 
assistance of legal counsel, you submitted a request for administrative separation for the good of 
the service in lieu of trial by court-martial. Your request to be discharged was approved on 27 
May 1981 and you were discharged on 28 May 1981 with an Other than Honorable 
characterization of service. 

The Board carefully considered your arguments that you deserve a change to your narrative 
reason for separation to disability and an upgrade to your characterization of service based on the left varicocele condition you aggravated while on active duty. Unfortunately, the Board 
disagreed with your rationale for relief. The Board concluded that you were properly discharged 
by the Marine Corps for your period of unauthorized absence based on your request to be 
discharged in lieu of trial by court-martial. There was no evidence to suggest you were not 
mentally responsible for your misconduct or that an injustice was committed when the Marine 
Corps granted your request to be administratively separated. Additionally, the Board concluded 
that the mitigation evidence offered by the existence of your left varicocele condition was offset 
by the benefit you already received when the Marine Corps allowed you to be administratively 
separated vice prosecuted by a Special Court-Martial. Therefore, in their opinion, your 
characterization of service and narrative reason for separation should remain unchanged. 
Accordingly, the Board determined insufficient evidence of error or injustice exists to warrant a 
change to your record. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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, 

2/25/2019 

Executive Director