Docket No: 4838-19 
Ref: Signature Date 
          
MR 


Dear Mr. : 
 
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 28 August 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, policies.   
 
You enlisted in the Marine Corps on 26 March 1969.  On 10 October 1969, you received nonjudicial punishment (NJP) for an unauthorized absence from 22 September 1969 to 7 October 1969.  You were again in UA status from 24-29 October 1969.  On 29 October 1969, you received a second NJP for a five-day UA.  On 29 October 1969, you began a period of UA with full knowledge your unit was about to deploy.  You returned from your UA on 17 November 1969 but then returned to UA status three times between 20 November 1969 and 23 March 1970.  On 16 April 2001, you submitted a written request for discharge for the good of the service to avoid trial by court-martial for the UA period.  Prior to submitting this request, you declined an opportunity to confer with a qualified military lawyer, at which time you would have been advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  Your request was granted, and your Commanding Officer was directed to issue an other than honorable discharge for the good of the service.  As a result of this action, you were spared the stigma of a court-martial convict
 
The Board carefully reviewed your application, weighed all potentially mitigating factors such as your youth and immaturity, and considered your handwritten contention that you “started hanging with the wrong people, going AWOL, and one thing led to another.”  The Board also considered your remorse and regret as well as your desire to get your discharge changed for your grandsons that desire to serve in the Marine Corps and so you can “hang out with your VFW buddies.”  The Board, applying liberal consideration and noting you did not submit any documentation or advocacy letters to be considered for clemency, did not find evidence of an error or injustice that warrants upgrading your characterization of service.  Finally, the Board noted you received a benefit from being allowed to separate with an undesirable characterization of service instead of risking greater punishment at a court-martial.  The Board discerned no impropriety or inequity in your 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 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,