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

Docket No: 1598-19   
Date: Ref Signature 

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 26 February 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. 

You enlisted in the Marine Corps and began a period of active duty on 15 March 1972.  From the period beginning on 3 April 1972 to 22 June 1972, you received non-judicial punishment (NJP) for unauthorized absence (UA) on three occasions.  You went on a period of UA from 2 July 1972 to 5 August 1972.  As a result of the foregoing, on 12 September 1972, you submitted a good of the service (GOS) request for discharge in lieu of trial by court-martial.  On 29 September 1972, you were discharged with an other than honorable (OTH) characterization of service by reason of good of the service.  On 7 July 1981, your request for upgrade to the characterization of your discharge (docket no. 154-81) was disapproved by the Board.  On 4 May 2009, your request for upgrade to the characterization of your discharge (docket no.  1827-08) was approved by the Board.  Subsequently, you were issued a new DD Form 214, which reflects a general characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that your treatment was illegal and that your discharge should be medical or honorable.  The Board concluded you were issued the appropriate characterization of discharge in your Board decision docket no. 1827-08. 

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, 


3/20/2020