Docket No. 10334-19
Red:   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 for Correction of Naval Records, sitting in executive session, considered your application on 18 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 your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations and policies.   
 
You originally enlisted in the Marine Corps on 20 February 1951.  On 18 February 1954 you were discharged from the Marine Corps with an honorable characterization of service.  On your DD Form 214 in the Authentication Section, a notation reads, “13 days lost time under Para 78956 MCM.”   
 
The Board reviewed and considered your application and request to change the “lost time” notation on your DD Form 214 from thirteen days down to only three days.  The Board carefully considered your contention that you were a good Marine and you were only absent without authority (UA) for three days.  However, the Board determined your contentions were not sufficient to warrant changing your DD Form 214 or granting any other relief in your case. 
 
The Board initially noted your record clearly reflects that you received non-judicial punishment (“office hours”) for UA lasting thirteen days from 3 January 1953 through 16 January 1953.  Additionally, your “Time Lost” record indicates you were UA for thirteen days, and your “Leave Record” leave record states you were UA from 3 January 1953 through 16 January 1953.  While notation reflected on your “Chronological Record of Primary Duties” page may slightly differ, the other three records clearly document a thirteen-day UA and are the official sources of record for any UA/leave related matters.  Accordingly, the Board did not find persuasive evidence of an error that warrants changing your DD Form 214. 
 
The Board sincerely respects and appreciates your honest, faithful, and dedicated service to your country during a time of war.  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,