DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE RD SITE 1001
ARLINGTON VA 22204-2490

Docket No: 3216-19
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 with respect to your request to upgrade your characterization of service 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, and applicable statutes, regulations, and policies
 
You enlisted in the Marine Corps and began a period of active duty on 18 January 1974. On 4 December 1974 and 22 January 1975 you received nonjudicial punishment (NJP) for disobedience and three instances of failure to go to your appointed place of duty.  On 30 January 1975 you began a period of UA that lasted 426 days and ended on 2 April 1976. On 6 May 1976 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for this UA.  Prior to submitting this request for discharge, you conferred with a military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge.  Your request for discharge was granted and on 4 June 1976 you received an undesirable discharge for the good of the service in lieu of trial by court-martial. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertion that you were subjected to physical punishment, which precipitated your unauthorized absences.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  The Board noted that, there is nothing in your service record, and you provided no evidence, to support your contentions of physical punishment.  

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,