Docket No: 11431-19 
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  
14 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 and applicable statutes, regulations and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 13 February 1978.  On 18 September 1979, you commenced a period of unauthorized absence (UA).  On 13 August 1996, your UA concluded upon your apprehension by civilian authorities.  Your period of unauthorized absence totaled 6,174 days.  Subsequently, on 16 September 1996, you were notified of pending administrative action to separate you from the naval service because of misconduct due to commission of a serious offense.  You were advised of, and waived your procedural right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 18 November 1996, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that at that time you had recently married your wife, she was not with you; she was having a difficult time finding a place to settle down with the family.  You requested emergency leave so that you could help her out, but your request was denied.  You contend that you did what anyone would do in your situation, and you simply left.  You further assert that you were a squared away Marine, you just needed to go and help your family, and you tried doing things the correct way.  After securing a place for your family, you did not go back, and nothing was ever done to look for you or take you back.   
 
After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your misconduct warranted an OTH 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 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,