Docket No: 11053-19 
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, sitting in executive session, considered your application on  
30 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, to include the letters of 26 August, 15 October, and 11 November 2019 submitted by Mr. Siperek, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.   
 
You enlisted in the Marine Corps and began a period of active service on 31 May 1968.  From the period beginning on 20 June 1968 to 27 January 1970, you received non-judicial punishment (NJP) on three occasions for the following offenses:  assault, failure to go to your appointed place of duty, and failure to obey a lawful order.  On 1 May 1970, you were counseled regarding your deficiencies and notified further misconduct may result in the initiation of administrative separation proceedings.  On 23 May 1970, you received NJP for having an unclean rifle.  On 1 June 1970, you were counseled a second time regarding your deficiencies.  On 7 August 1970, you received NJP for unauthorized absence (UA).  On 29 October 1970, you submitted a written request for a good of the service (GOS) discharge in order to avoid trial by court-martial for the following charges: UA, disobedience of a lawful order, damage of government property, and reckless operation of a motor vehicle.  On 30 October 1970, your commanding officer recommended approval of your request for a GOS discharge in lieu of trial by court-martial.  On 5 November 1970, you received NJP for failure to sign restriction papers.  On 6 November 1970, your request for a GOS discharge was determined to be sufficient in law and fact by the staff judge advocate.  On 13 November 1970, you were discharged with an other than honorable characterization of service for the good of the service. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention of harsh punishment.  You contend, you never really harmed anyone and you request forgiveness and kindness.  After careful consideration of your contentions, the Board determined there is insufficient evidence to warrant relief in your case.   
 
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,