DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. ARLINGTON ST SUITE 1001 ARLINGTON VA 22204-2490 Docket No: 5190-19 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 July 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, as well as applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 30 September 1974. On 8 January 1975, you were convicted by summary court-martial (SCM) of an unauthorized absence (UA) for the period from 9 November 1974 to 11 December 1974. On 15 January 1975, you received non-judicial punishment (NJP) for willful disobedience of a lawful order and failure to obey a lawful order. On 31 December 1975, you submitted a written request for separation for the good of the service to avoid trial by court-martial for an unauthorized absence for the period from 29 January 1975 to 23 December 1975. 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 period 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 16 January 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 assertion that you understand that your own actions were not in keeping with the high standards of the Marine Corps, though not a justification for your discharge. Over these past 40 years, you have considered the poor choices you made in your youth, but now you have made a positive change in your life. You are a “born again Christ follower and minister with others who have made poor life choices to provide positive alternatives in their own lives.” After careful consideration, the Board considered your youth and immaturity and commends you for your post service conduct; however, the Board concluded that these factors were insufficient to warrant relief in your case based on the seriousness of your misconduct and subsequent discharge at your request to avoid trial by court-martial. Accordingly, the Board discerned no probable material error or injustice in your discharge that warrants an upgrade in the characterization of your service. 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. Sincerely, 8/19/2020 Executive Director