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

Docket No: 8777-18 
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 6 November 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 19 July 1972.  You went on unauthorized absence (UA) from 2 July 1973 until your apprehension on 9 January 1975.  Eight days later you escaped from military control and went on a second period of UA from 17 January 1975 to 1 March 1976.  As a result of the foregoing, you submitted a request for a good of the service (GOS) discharge to avoid trial by court-martial.  On 19 April 1976, your commanding officer recommended your discharge from the naval service with an undesirable characterization of service.  On 20 April 1976, your GOS request for discharge was determined to be sufficient in law and fact.  On 22 April 1976, the discharge authority approved your GOS request for discharge.  On 12 May 1976, pursuant to your request, you were discharged with an other than honorable characterization of service by reason of good of the service. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contention that you went UA because your request for leave to aid your father during his illness was denied.  You state that you were a good Marine and could have submitted for a hardship discharge.  The Board noted you provided no information, other than your statement, to corroborate that personal problems existed.  There is no evidence that you sought assistance through your chain of command.  Personal problems notwithstanding, a record of service that contains repeated and lengthy offenses of UA can only be characterized as under conditions other than honorable.  Under the totality of the circumstances, the Board concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your 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.