Docket No: 104-19 
Ref: Signature Date 
 
Dear : 
 
This is in reference to your application of 9 November 2018 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 that 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 10 December 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, 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 13 January 1972.  On 2 January 1973, you were convicted by summary court-martial (SCM) of disobeying a lawful order and destruction of government property.  During the period from 23 October 1973 to 25 October 1974, you received four non-judicial punishment (NJP) for six specifications of unauthorized absence (UA) totaling 17 days and absence from your appointed place of duty.  On 10 January 1975, you were convicted by special court-martial (SPCM) of being disrespectful in language toward a commissioned officer, wrongful appropriation of government property, assault on a commissioned officer, and communicating a threat.  On 11 April 1976, you submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial for being in a UA status for 309 days.  Prior to submitting this request, you conferred with a military attorney, 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 separate you with an other than honorable (OTH) characterization of service for the good of the service.  On 23 April 1976, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, such as character letters, your desire to upgrade your discharge, contentions that you went UA due to your wife extra-marital affairs, you did not receive counseling due to you wife extra-marital affairs, and you were told by leaders to deal with the situation.  However, the Board found that these factors were not sufficient to warrant relief in your case given your misconduct and request for a GOS discharge in lieu of a trial by court-martial. 
 
Regarding your contention that you went UA due to your wife’s extra-marital affairs, you did not receive counseling due to you wife having extra-marital affairs, and you were told by leaders to deal with the situation, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. 
 
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,