DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9223-18 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 12 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps on 6 March 1973. According to the information in the record, you received nine non-judicial punishments (NJP) prior to requesting a good of the service (GOS) discharge. On 28 August 1975, after consulting with legal counsel, you submitted a written request for discharge for the GOS to avoid trial by court-martial for three specifications of UA totaling 127 days. As part of your written request, you admitted guilt to the aforementioned misconduct and acknowledged that you had been advised of the probable adverse consequences of accepting such a discharge. Your GOS request was reviewed by a staff judge advocate and determined to be sufficient in law and fact. Although the Board lacked your entire service record, the Board relied on a presumption of regularity to support the official actions of public officers. Your request was granted and your commanding officer (CO) was directed to discharge you from the naval service with an other than honorable (OTH) characterization of service for the good of the service. As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of such a punitive discharge. On 12 September 1975, pursuant to your request, you were so discharged. As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Marine Corps. The Board carefully weighed all potentially mitigating factors in your case, including your character letters, your desire to upgrade your discharge, and to receive a copy of your Certificate or Release or Discharge from Active Duty (DD Form 214). The Board also noted your contentions that you were denied due process prior to being discharged due to never being offered a hearing, legal counsel, or any opportunity to provide impute, and that your character has been good since discharge. However, the Board found that these factors were insufficient to warrant relief in your case given your misconduct and request for a GOS discharge to avoid trial by court-martial. In regard to your contention that you were denied due process prior to being discharged due to never being offered a hearing, legal counsel, or any opportunity to provide impute, the Board noted that the record contains documented evidence, which is contrary to your contention. The record clearly shows that on 28 August 1975, you submitting a GOS discharge request, that you conferred with a qualified military lawyer, and that you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge. In regard to your contention that your character has been good since discharge, the Board noted that while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge. In regard to your request to receive a copy of your DD Form 214, the Board noted that you should contact Headquarters, United States Marine Corps, Deputy Chief of Staff for Manpower and Reserve Affairs (M&RA) Department, Separation Section (MMSR-3), 3280 Russell Road, Quantico, VA 22134-5103 to request a copy of your DD Form 214. 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.