Docket No: 1099-19                                                                                                                            
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 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 21 January 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps on 1 July 1976.  On 28 February 1977, you were convicted by special court-martial (SPC) of unauthorized absence (UA) totaling 74 days.  Two months later, on 26 April 1977, you received non-judicial punishment (NJP) for three specifications of absence from appointed place of duty and UA totaling nine days.  On 27 September 1977, you submitted a written request to be discharged from the naval service for the good of the service (GOS) to escape trial by a second court-martial for two specifications of UA (one terminated by your apprehension) totaling 94 days and three specifications of absence from appointed place of duty.  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.  As part of your GOS request you admitted your guilt to the foregoing offenses.  You also stated that one of the reasons you went UA was “to try to insure [sic] some sort of a discharge from the Corp[s].”  You further acknowledged that despite the consequences of a less than honorable discharge, you “still request a less than honorable discharge because [you] feel the benefits are not worth the mental anguish.”  Your request was granted and your commanding officer was directed to discharge you with an other than honorable (OTH) characterization of service for the good of the service.  As a result of this action, you were spared the stigma of a second court-martial conviction, as well as the potential penalties of such a punitive discharge.  On 31 October 1977, pursuant to your request, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you received an OTH discharge while suffering from drug addiction, never received assistance from the military, that you have participated in many 12-step alcoholics anonymous, narcotics anonymous, and cocaine anonymous programs, and have been clean and sober for 28 years.  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 to escape trial by court-martial. 
 
In regard to your contention that you received an OTH discharge while suffering from drug addiction and never received assistance from the military, the Board noted that there is no evidence in your record, and you submitted none, to support your contention of suffering from a drug or alcohol addiction while on active duty.  The Board also noted that you requested a GOS discharge to avoid trial by court-martial and were warned of the probable adverse consequences of accepting such a discharge. 
 
In regard to your contention that you have participated in many 12-step programs and have been clean and sober for 28 years, the Board noted that while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge. 
 
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.