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


Docket No: 9418-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application of 28 October 2018 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 4 December 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 20 August 1984.  On  4 March 1985, you were in an unauthorized absence (UA) status from your unit until your surrender on 17 February 1987, a period of 714 days.  On 18 March 1987, you made a written request for discharge for the good of the service to avoid trial by court-martial for the foregoing period of UA.  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.  Your request was granted and the commanding officer directed your discharge with an other than honorable (OTH) characterization of service.  As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge.  On 15 April 1987, you were discharged under OTH conditions. 
 
The Board carefully weighed all potentially mitigating factors including your contention that you were too young to appreciate what this would do to your record and you are hoping get a better record.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in a period of UA lasting nearly two years and your request for discharge.  In regard to your contention, the Board considered your youth and immaturity as a factor in your behavior, but concluded that the severity of your misconduct outweighed your 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.