Docket No: 2718-19 
Date: Ref Signature 

This is in reference to your application of 28 February 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious 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 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 service on 5 April 1972. On 6 December 1972, you were apprehended by civil authorities for grand larceny.  On 8 January 1973, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 20 August 1973, you received NJP for UA.  You went on a period of unauthorized absence (UA) from 3 December 1973 to 5 December 1973.  You went on a period of UA from 21 December 1973 to 28 January 1975.  As a result of the foregoing, on 19 February 1975, you submitted a good of the service (GOS) request for discharge in lieu of trial by court-martial. On 20 February 1975, your GOS request for discharge was determined to be sufficient in law and fact.  On 24 February 1975, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of good of the service (GOS).  You were discharged on 26 February 1975. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention of youth and family problems.  Further, you state, you have has several service connected medical problems.  There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not Board.  The Board considered, your youth and family problems but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. , Public Law 112-154, Honoring America’s Veterans and health care to Veterans with one or more of 15 specified illnesses or conditions.  You should contact the nearest office of the Department of Veterans Affairs (VA) concerning your right to apply for benefits or appeal an earlier unfavorable determination. 

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.