Docket No: 4353-19
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 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 21 September 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 11 August 1972.  On 29 January 1976, you submitted a request for discharge to escape court-martial for the good of the service for seven periods of unauthorized absence (UA) totaling 955 days.  Your record shows that you were, apprehended after your sixth period of UA lasting 71 days on 14 August 1973.  You immediately commenced your seventh period of UA that lasted 851 days, ending on 15 December 1975.  Prior to submitting this request for discharge, you conferred with a qualified military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge.  On 17 February 1976, you received nonjudicial punishment (NJP) for one day of UA.  Subsequently, your request for discharge was granted and on 25 February 1976, you received an other than honorable discharge in lieu of trial by court-martial.  As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor.  

The Board carefully weighed all potentially mitigating factors, such as your record of service, 
and desire to have your characterization of service upgraded.  The Board also considered your assertions that you were too young to understand what was going on, you wanted a discharge, and after being on a tank and being injured riding, you did not trust anyone to drive you.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service, given the referral of charges to a court-martial for periods of UA totaling over two years, your request for discharge and NJP.   
  
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 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,