DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 0127-19   
Ref: Signature date 

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 23 September 2019.  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 and began a period of active duty on 28 April 1980.  On 29 January 1982, you began a period of unauthorized absence (UA) that continued until you were apprehended by civilian authorities on 14 September 1985.  On 4 October 1985, you requested a Good of the Service (GOS) separation in lieu of trial by court-martial (SILT). On 21 October 1985, your request was approved and on 28 October 1995, you received an under other than honorable (OTH) discharge. 

You requested the Board upgrade your discharge to honorable.  You asserted that due to your language barrier you felt frustrated, ostracized and forced to leave the service.  You stated that your discharge is causing difficulty in finding employment.  In support of your petition, you attached a character letter from your daughter, a neighbor, and a co-worker.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were not sufficient to warrant a change to your discharge given your misconduct of UA in excess of 800 days.  With respect to your contention that your language barrier contributed to your misconduct, the Board noted that you provided no evidence to support your contentions.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith according to governing law and policy.  The Board noted your post-service accomplishments, however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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, 


10/21/2019