Docket No: 11261-19 
Ref: Signature date 



This letter is in reference to your application of 2 December 2019 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 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 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 April 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, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 3 December 1976.  On 25 May 1977 you absented yourself without authority, and remained in an unauthorized absence status, until you were apprehended on 18 January 1979.  You then requested that you be discharged with an undesirable discharge in lieu of going to a trial by court-martial.  You were discharged from the Marine Corps on 16 March 1979, with an other than honorable characterization of service. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, your assertion that while you were in the Marine Corps, you were an outstanding Marine and you did not have a bad attitude.  The Board also considered the documentation that you provided, including evidence of your lengthy service with public schools and also with the Boy Scouts of America.  After careful consideration of your contentions, while your post-service activities are laudable, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 

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.