Docket No: 10328-19 
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 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  
14 October 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 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 28 September 1965.  During the period from 22 October 1966 to 30 November 1968, you received non-judicial punishment (NJP) on four separate occasions.  Your offenses consisted of two periods of unauthorized absence (UA) totaling 33 days, and sleeping on post and violation of a regulation.  On 1 April 1969, you were convicted by special court-martial of an unauthorized absence totaling 59 days.  As punishment, you were awarded confinement, forfeiture of pay, and reduction in rank.   
 
On 28 January 1970, you submitted a written request for separation for the good of the service in order to avoid trial by court-martial for an unauthorized absence for the period from 2 August 199 to 8 January 1970, totaling 159 days.  Prior to submitting this request, you conferred with a military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  As part of this discharge request, you admitted your guilt of the period of UA, and acknowledged that your characterization of service upon discharge would be other than honorable (OTH).  Your request was granted and your commanding officer was directed to issue you an OTH characterization of service for the good of the service.  On 20 March 1970, pursuant to your request, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge.  The Board considered your assertion that you spent two terms in , and when you came home from , things started happening to you, and you could not get  out of your mind.  You saw your friends killed, and you hardly received a scratch.  After your second term in , you came home and your father was in the hospital from a heart attack, and it was believed that he would not make it.  You requested more leave time but your request was denied.  You did not return to your unit because you were afraid that your father would pass.  You understand that you were wrong, but at the time you were young and thinking of your family. 
 
After careful consideration of your assertion, the Board sympathizes concerning the health of your father and considered your youth; however, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your misconduct warranted an OTH characterization of service given the seriousness of your repeated misconduct and subsequent discharge at your request to avoid trial by court-martial.   
 
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,