Docket No: 10539-19 
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 9 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered the case based on the evidence of record. 
 
You enlisted in the Marine Corps on 23 April 1976.  On 19 August 1977, you received nonjudicial punishment for being drunk and disorderly.  On 18 June 1978, you commenced a period of unauthorized absence, which ended on 21 May 1979.  Shortly thereafter, on 16 July 1979, you commenced another period of unauthorized absence, which ended on 15 February 1980.  You were convicted for these offenses of unauthorized absence by a special court-martial on 1 April 1980, and, among other things, received six months confinement and a bad conduct discharge.  On 4 June 1980, you were offered the opportunity to be restored into the Marine Corps, but you elected to seek a discharge from the service.  On 30 September 1982, you were discharged with a bad conduct discharge. 
 
The Board carefully reviewed all of the materials that you provided and carefully considered your contentions, including that you had health limitations that prevented you from remaining a Marine.  As noted, review of the available service records demonstrate that you were offered the opportunity to remain in the Marine Corps, but that you instead opted to seek a discharge.  There is no evidence in the record that demonstrates you left the Marine Corps due to an inability, physically, to perform.  Medical documents reflect that you were fit for full duty, with a hyperextension injury that was noted to be caused by running.  Finally, you were not discharged from the Marine Corps due to physical limitations, but rather due to a punitive discharge awarded by a court-martial for extended periods of unauthorized absence.   
  
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  He is 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,