Docket No: 11085-19 
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  
7 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, 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 will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 5 September 1972.  On 3 December 1974, you submitted a request for a good of the service (GOS) discharge to escape trial by special court-martial for three specifications of Unauthorized Absence.  On 9 December 1974, your request was determined to be sufficient in law and fact.  On 19 December 1974, the discharge authority approved your GOS request.  On 30 December 1974, you were discharged with an other than honorable (OTH) characterization of service by reason of good of the service. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and contention that you completed your time in the service.  You also expressed your desire for Veterans Affairs benefits.  The Board reviewed the materials that you submitted with your application.  With regard to your contention that you completed your time in service, the Board noted you did not complete your obligated period of active service in the Marine Corps due to your request for a GOS discharge to escape trial by court-martial.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  The Board also considered that you would like benefits, but notes that the agency that determines your eligibility for benefits is your local, state, or federal Department of VA.   
 
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,