Docket No: 4574-19 
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 8 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 27 September 1977.  On 21 April 1978, you were convicted by special court-martial (SPCM) of assault, three specifications of disobeying a lawful order, and two specifications of disrespect. On 5 June 1978, you received nonjudicial punishment (NJP) for two specifications of failing to go to your appointed place of duty.  On 20 July 1978, you began a period of unauthorized absence (UA) that lasted 68 days, ending with your apprehension on 26 September 1978.  On 30 October 1978, you submitted a written request for a discharge under conditions other than honorable (OTH) for the good of the service in order to avoid trial by court-martial for 68 days of UA.  At that time, you submitted a statement that you wanted an OTH discharge because of your temper, that you went UA to    and stayed with some friends, had a job working on a shipyard off and on, and did not lose your temper or walk around feeling down and depressed.  Subsequently, your request for discharge was granted and on 12 December 1978, you were discharged with an OTH characterization of service in lieu of trial by court-martial.  As a result of this action, you were spared the stigma of an additional court-martial conviction and the potential penalty of a punitive discharge.  
  
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 told your discharge would be upgraded to honorable in six months, your father was sick and there was no one else to take care of him, that your father’s health came first, and hardship was the reason you did not finish your term of enlistment.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service given the misconduct reflected in your service record, the referral of charges to a court-martial, and your request for discharge.  Further, you are advised that there is no provision of law or regulation that allows for recharacterization of a discharge automatically after six months or due solely to the passage of time. 
  
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,