Docket No: 3380-19 
Ref: Signature Date 
 
Dear  
 
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 you did not file your application 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 30 September 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 30 January 1975.  On 3 March 1976, you were counseled regarding discreditable involvement with, and making false statements to, civilian law enforcement authorities.  On 3 August 1976, you began a period of unauthorized absence (UA) that continued until you were apprehended by the FBI on 14 April 1977.  On 13 May 1977, after consultation with counsel, you requested a separation for the good of the service in lieu of trial by court-martial (GOS/SILT).  On 26 May 1977, your request was approved, and, on 3 June 1977, you were discharged with an other than honorable (OTH) characterization of service.   
 
You request the Board upgrade your discharge.  You assert, “It’s been so long I don’t remember the circumstances.”  The Board carefully weighed all potentially mitigating factors, such as your record of service desire to upgrade your discharge, but concluded that these factors were not sufficient to warrant a change to your discharge given your serious misconduct and the absence of any error or injustice in your record.  The Board noted that you provided no evidence to support your petition, and that you alleged no error or injustice.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and policy and in good faith.  The Board thus concluded that there is no probable material error or injustice in your record warranting corrective action. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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.