DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490              
Docket No: 10117-19 
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 the evidence with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 2 September 2020.  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 the 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 on 19 March 1975.  On 17 November 1975, you received nonjudicial punishment for being incapacitated.  On 7 February 1977, you received nonjudicial punishment for having a controlled drug aboard a naval vessel.  On 28 June 1977, you commenced a period of unauthorized absence until 28 February 1978 (241 days).  You then requested to be discharged with an other than honorable characterization of service in lieu of facing a trial by court-martial.  On 16 March 1979, you were discharged with an other than honorable characterization of service. 
 
You have explained that your discharge should be upgraded because you that you served your country, and that you suffered racism while in the service.  However, you did not provide any evidence or documentation to support your assertions.  Your record indicates that your discharge was based upon your extended period of unauthorized absence and your request to be discharged in lieu of facing a trial by court-martial.  Further, in addition to the lengthy unauthorized absence for which you were ultimately discharged, your record included two other serious offenses.  Accordingly, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants changing 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 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,