Docket No: 6123-19 
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 19 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 and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 23 February 1971. On 1 May 1972, you received non-judicial punishment (NJP) for wrongful possession of a controlled substance (hashish).  On 19 November 1974, you submitted a written request for separation for the good of the service to avoid trial by court-martial for an unauthorized absence (UA) for the period from 25 July 1972 to 14 August 1974.  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 21 November 1974, pursuant to your request, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you were instructed that you would be issued a general (under honorable conditions) discharge.  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief in your case based on the seriousness of your misconduct, which resulted in an NJP and subsequent discharge at your request to avoid trial by court-martial.  In regard to your contention, there is no evidence in the record and you presented none to support your contention.  Accordingly, the Board discerned no probable material error or injustice 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,