Docket No: 4577-19 
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 that 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 20 September 1974.  On 26 November 1975 and 12 February 1976, you received non-judicial punishment (NJP) for two periods of unauthorized absence (UA) totaling two days.  On 20 September 1976, you submitted a written request for separation for the good of the service to avoid trial by court-martial for two specifications of UA for the period of 6 October 1975 to 7 October 1975 and 20 February 1976 to 20 September 1976.  Prior to submitting this request, you conferred with a military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  As part of this discharge request, you admitted your guilt to the foregoing periods of UA and acknowledged that your characterization of service upon discharge would be other than honorable (OTH).  Your request was granted and your Commanding Officer was directed to issue you an OTH characterization of service for the good of the service.  On 23 September 1976, pursuant to your request, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge.  The Board considered your contention that in March of 1976 you were informed that your mother was very sick and she was asking for you on her deathbed.  When you arrived, the doctor did an amputation of her leg and she died.  You loved your mother; you were devastated and nearly out of your mind. 
 
The Board was sympathetic to the passing of your mother and send their condolences, however, concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in two NJPs, and subsequent discharge at your request to avoid trial by court-martial.  Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 
 
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.