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

Docket No: 2819-19                                   
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  16 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 service on 15 March 1973.  During the period from 19 December 1973 to 10 June 1975, you received three non-judicial punishments (NJP) for unauthorized absences (UAs) from 4 December 1973 to 18 December 1973 (14 days) and 1 February 1975 to 5 May 1975 (94 days) and failure to obey a lawful order.  On 7 May 1976, you submitted a written request for separation for the good of the service to avoid trial by court-martial for another UA from 8 September 1975 to 30 April 1976 (233 days), which was terminated by apprehension.  Prior to submitting this request, you conferred with a military lawyer, at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge. As part of your discharge request, you admitted your guilt to the last UA and acknowledged that your characterization of service upon discharge would be other than honorable (OTH).  Your request was granted, and your commanding officer was directed to issue you an OTH characterization of service for the good of the service. On 4 June 1976, pursuant to your request, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge.  The Board considered your contention that you had a medical board in 1978, but your record clearly indicated that you were discharged in 1976.  Based on the seriousness of your repeated misconduct and your subsequent discharge at your request to avoid trial by court-martial, the Board discerned no probable material error or injustice in the discharge. 

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, 

5/15/2020