DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9089-18 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 27 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 10 February 1978. On 7 December 1978, you submitted a written request for separation for the good of the service to avoid trial by court-martial for an unauthorized absence (UA) for the period of 8 August 1978 to 14 October 1978, when you were apprehended by civil authorities. 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. As part of this discharge request, you admitted your guilt to the foregoing UA and acknowledged that your characterization of service upon discharge would be other than honorable (OTH). Your request was granted and your commanding officer was directed to issue you an OTH characterization of service discharge by reason of good of the service. On 28 December 1978, pursuant to your request, you were so discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge. The Board considered your contentions that you went home on a weekend pass and were having “such a good time” that you over stayed, that you understand your actions were wrong and regret it deeply, that you are truly sorry, that you were immature, that you “took whatever they would give [you] to get out,” and that you should have stayed the term and “toughed it out like a real Marine.” However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct and subsequent discharge at your request to avoid trial by court-martial. Regarding your contention concerning your immaturity, the Board considered your youth and immaturity as factors in your behavior, but concluded that the severity of your 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. Sincerely,