Docket No: 10338-19 
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 for Correction of Naval Records, 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 on 27 February 1979.  During the period from 2 July 1979 to 29 August 1980, you received six non-judicial punishments (NJP) for seven specifications of disobeying a lawful order, absence from appointed place of duty, two specifications of wrongfully communicating a threat, possession of marijuana, and disrespect toward an NCO.  On 9 January 1981, you submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial for being in an unauthorized absence (UA) status for 120 days.  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 (CO) was directed to issue an other than honorable (OTH) discharge for the good of the service.  As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of such a punitive discharge.  On 6 February 1981, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as character letters submitted on your behalf, your desire to upgrade your discharge and your contention that you were young and immature when you enlisted.  However, the Board found that these factors were not sufficient to warrant relief in your case given misconduct detailed in your service record, and your request for a GOS discharge in lieu of a trial by court-martial.   
 
In regard to your contentions that you were young and immature when you enlisted, the Board noted that your record reflected your misconduct and the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.   
     
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,