Docket No: 2940-19 
Date: Ref Signature 


This is in reference to your application of 27 February 2019 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 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 7 May 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, 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 31 January 1979.  On 20 August 1979, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 15 October 1979, you received NJP for UA.  On 24 October 1979, you were counseled regarding your misconduct.  On 4 August 1980, you received NJP for UA.  On 12 November 1981, you submitted a written request for a good of the service (GOS) discharge in order to avoid trial by court-martial for your period of UA from 3 November 1980 to 9 November 1981.  On 17 November 1981, your GOS request for discharge was determined to be sufficient in law and fact.  On 20 November 1981, 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 24 November 1981. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention of family problems and your post-service career.  The Board commends your post-service accomplishments.  The Board considered your family problems but concluded that the severity of your misconduct outweighed your current desire to upgrade your 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 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.