Docket No: 4290-19 
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 the evidence with respect to your request to upgrade your characterization of service and to change the narrative reason for your separation 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 to be 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 12 August 2020.  The names and votes of the panel members 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 records, and applicable statutes, regulations, and policies. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the relevant issues.  Accordingly, 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 duty on 28 May 1986.  You commenced a period of unauthorized absence on 2 October 1986, and remained absent for 693 days.  Your records reflect that you requested a discharge in lieu of trial by court-martial for your unauthorized absence upon your return to military authority.  On 14 September 1988, you were discharged under other than honorable conditions.     
 
Your petition asserts that your discharge was improper and an injustice because you were experiencing serious and significant harassment and discrimination that affected your ability to serve, and because you were not made aware of the relevant policies and procedures involved with reports of bullying, harassment and bias.  You assert that when you reported the harassment that you were experiencing to your command, they ignored your complaints and failed to follow Department of Defense and Marine Corps regulations pertaining to reporting and responding to such incidents.  You further asserted that your command dissuaded you from filing a complaint by warning you that doing so would not be in your best interests.  As a result of this inadequate response to your complaints, you assert that you failed to return for duty to protect yourself from further threats and harassment.  
 
In addition to reviewing your case for error or injustice, the Board also applied the guidance provided by the Under Secretary of Defense for Personnel and Readiness (“Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determination,” 25 July 2018) to determine whether equitable relief is appropriate under the circumstances.  In this regard, the Board considered, among other factors, your claims of harassment and your command’s improper handling of your complaints; the circumstances of your unauthorized absence, to include your assertion that your absence was motivated by fear of furthers threats and harassment; your relatively young age at the time of the relevant misconduct; your successful post-discharge employment history; your lack of any criminal record; your advocacy on behalf of veterans; and your academic accomplishments.   
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  Its review of your naval records found no evidence to support your specific claims.  In this regard, the Board noted that you commenced your extensive period of unauthorized absence after only approximately four months in the Marine Corps.  After careful consideration of your contentions and the materials that you provided, the Board did not find evidence of error or injustice that warrants upgrading your characterization of service.  In making its decision, the Board commended you for your significant post-service achievements, but did not believe those achievements outweighed the serious nature of the misconduct represented by your extended period of unauthorized absence.   
 
It is regretted that the circumstances of your case are such that favorable action cannt be taken.  You are entitled to have the Board reconsider its decision upon 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,