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

Docket No: 3627-19 
Date: Ref Signature 

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 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 18 June 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.

You enlisted in the Marine Corps and began a period of active service on 16 June 1981.  On 21 December 1981, you received non-judicial punishment (NJP) for three specification of unauthorized absence (UA).  On 29 December 1981, you received NJP for absence from your appointed place of duty.  You went on a period of UA from 3 February 1982 until your apprehension by civil authorities on 15 February 1982.  You were incarcerated by civil authorities from 15 February 1982 until 2 September 1982. On 27 January 1983, you were counseled regarding your misconduct.  On 14 February 1983, and you submitted a written request for a good of the service (GOS) discharge in order to avoid trial by court-martial for the following charges: two specifications of UA-totaling 211 days and two specifications of failure to go at the prescribed time to your appointed place of duty.  On 15 February 1983, you were counseled regarding your misconduct.  You went on a period of UA from 16 February 1983 to 19 February 1983. On 18 March 1983, your GOS request for discharge was determined to be sufficient in law and fact.  On 21 March 1983, 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 1 April 1983. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were listed as AWOL, but your chain of command was aware of your incarceration with civil authorities.  The Board also considered your assertion that the narrative reason for your separation listed on your Certificate of Release or Discharge from Active Duty (DD Form 214) is “Conduct triable by courts-martial (request for the good of the service),” but no Uniform Code of Military Justice (UCMJ) article was ever provided for your separation.  You state that due to the errors in your discharge, you are unable to receive healthcare for injuries incurred in service.  Regarding your concern about eligibility for healthcare, whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA), and you should contact the nearest office of the VA concerning your right to apply for benefits.  Regarding your contention that your command listed you as AWOL when they knew that you were in the hands of civil authorities, the Board noted that you were not in an authorized leave status and thus it was appropriate to list you as AWOL.  The Board noted that your contention regarding your narrative reason for separation on your DD Form 214 is contradicted by your record. At the time that you requested and were granted an other than honorable discharge to avoid trial by court-martial, you were pending a charge under Article 86, UCMJ for 211 days of UA and two specifications of failure to go at the time prescribed.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of 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,