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

Docket No: 9721-18                                     
Ref: Signature Date 

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 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 16 October 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 24 September 1976.  On 4 August 1981, you received non-judicial punishment (NJP) for an unauthorized absence (UA) totaling 19 days.  During the period from 20 August 1981 to 29 August 1982, you were in an UA status for a total of 374 days.  Additionally, during the period from 5 October 1982 to 10 October 1982, you again were in an UA status for a total of 5 days.  On 9 November 1982, you submitted a written request for separation for the good of the service, in lieu of trial by court-martial, for the aforementioned periods 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 your commanding officer was directed to discharge you with an other than honorable (OTH) characterization by reason of for the good of the service.  On 23 November 1982, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge as well as contention that while serving your brother died, you had to deal with this, you helped your family thereafter, you were unable to control the situation, and you asked that you not be punished for the situation out of your control.  The Board was sympathetic and send their condolences concerning the passing of your brother.  However, the Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct and subsequent discharge in lieu of trial by court-martial.  You provided no evidence beyond your statement, and their was no evidence in your record, that your support to the family could not be achieved through normal military channels.  The Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 

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, 


10/27/2019