DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2994-19 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 14 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period of active service on 15 July 1991. You went on a period of unauthorized absence from 22 December 1991 until your surrender on 23 December 1991. You went on a second period of UA from 6 January 1992 until your apprehension by civil authorities on 18 November 1992. As a result of the foregoing, you submitted a written request for a good of the service (GOS) discharge in order to avoid trial by court-martial for your two periods of UA. On 15 January 1993, your GOS request for discharge was determined to be sufficient in law and fact. On 19 January 1993, 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 12 February 1993. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you went UA because you feared for your mother’s life and felt you had to stay to protect her, and that you had only one isolated incident in 19 months of service. There is no precedent within this Board’s review for minimizing an “isolated incident.” As with each case before the Board, the seriousness of a single act must be judged on its own merit; it can neither be excused nor extenuated solely on its isolation. The Board considered your contentions but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge. Finally, the Board discerned no probable material error or injustice in your discharge that warrants an upgrade in the characterization of your service. 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, 6/3/2020