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

Docket No: 295-19 
Ref: Signature date 

Dear

This letter 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 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 17 December 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 Reserve on 14 August 1980.  During the period from 8 February to 8 November 1981, you failed to participate in scheduled drills.  On 16 November 1981, you acknowledged failing to attend scheduled drills by signing a certificated letter from your commanding officer (CO).  On 26 May 1982, you were assigned to involuntary unrestricted extended active duty for 20 months due to unsatisfactory participation in reserve training.  On 9 June 1982, you acknowledged receiving a certificated letter from your CO to report to active duty on 30 June 1982.  However, you failed to report to active duty and remained in a status of unauthorized absence (UA) and desertion until apprehended on 12 January 1993.  On 18 May 1993, in accordance with your plea of guilty, you were convicted by a general court-martial (GCM) of desertion covering a period of approximately 11 years.  You were sentenced to confinement for 12 months, forfeitures of pay, and to be discharged from the naval service with a dishonorable discharge (DD).  After the DD was approved at all levels of review, on 3 October 1994, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that your discharge was to be amended to a general (under honorable conditions) (GEN) characterization of service upon completion of your remaining time in service.  You state that you were awarded two letters of appreciation, a meritorious mast, and a good conduct medal prior to discharge.  Your further contend that, based on the awards you received upon discharge, a dishonorable discharge is not merited.  You also state that you need Department of Veterans Affairs (DVA) benefits.  However, the Board concluded that the severity of your misconduct and lengthy periods of UA outweighed your desire upgrade your discharge.
 
In regard to your contention that your discharge was to be amended to a GEN upon completion of your remaining time in service, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.
 
In regard to your contention that you were awarded commendatory material prior to discharge, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. 

In regard to your contention that based on the awards you received upon discharge, a dishonorable discharge is not merited, the Board noted that the record contains documented evidence which is contrary to your contention.  The record clearly shows that on 18 May 1993, you were convicted at a GCM of desertion covering more than a decade and terminated by apprehension.  As a result, you were sentenced to a DD.
 
In regard to your contention that you need DVA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the DVA.
 
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,