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

Docket No: 9376-18 

Ref: Signature date 

Dear 

This 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 you did not file your application 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 
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, 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 11 July 1974. On 
7 January 1975, you began a period of unauthorized absence (UA) that continued until 14 
January 1975. On 15 January 1975, you received nonjudicial punishment (NJP) for UA. You 
were counseled that further misconduct may result in administrative separation. On 11 March 
1975, you began a second period of UA, were confined in a civilian prison for assault, and 
returned to military authorities on 16 July 1975. On 19 August 1975, you requested an 
undesirable discharge for the good of the service in lieu of trial by court-martial. On 20 August 
1975, the separation authority approved your request. On 25 August 1975, you received an other 
than honorable (OTH) discharge. 

You requested the Board correct your discharge. You stated that you signed yourself out of the 
Marine Corps and that you did not do anything to deserve a dishonorable discharge. The Board 
reviewed your service record and determined that you were given an OTH discharge, not a 
dishonorable discharge. Additionally, although you stated that you did nothing wrong, you were 
actually UA for extended periods of time, which led to your request for discharge from the 
Marine Corps. Your request, however, was made with the stated understanding that you would 
receive an undesirable discharge, which is why you received the OTH characterization of 
service. The, therefore, discerned no material error or injustice in your discharge because you 
received the discharge you asked for. 

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.