Docket No: 6289-19 
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 12 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 15 December 1978. On 21 October 1980, you were convicted by special court-martial (SPCM) of an unauthorized absence for the period from 7 May 1980 to 2 June 1980, disrespect toward a commissioned officer, failure to obey a lawful command from a commissioned officer, wrongful possession of machine gun ammunition, and sleeping on post.  As punishment, you were awarded confinement, forfeiture of pay and reduction in rank.  On 17 February 1981, you commenced a period of unauthorized absence (UA) that subsequently concluded with your apprehension by civilian authorities on 22 March 1993.  On 13 April 1993, you submitted a written request for separation for the good of the service to avoid trial by court-martial for the foregoing period of UA.  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 7 May 1993, 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 statement to include your contentions that you were young and immature at the time, that the record is contains errors and your belief that if a person serves more than 30 days consecutive in confinement that person shall be entitled to benefits.  You further contend that you served your country faithfully; and that you had a hardship when you went AWOL.  You also noted that your girlfriend was pregnant and your mother needed you at home, because she was sick.  Additionally, you state that your Certificate of Release or Discharge from Active Duty (DD Form 214) has “defects,” including: (1) your address is incorrect, (2) your net active service is incorrect, (3) your separation date is incorrect, (4) your DD Form 214 should state “War Act,” because you were discharged during the Gulf War, and (5) you served 30 days in the brig and that qualifies you for benefits.  You have also asserted that under the circumstances, you are entitled to healthcare and benefits.   
 
After careful consideration, the Board considered your youth and immaturity and all of the other factors and contentions you provided to the Board; however, 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 a SPCM conviction 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. 
 
In regard to your contention that your record is in error and your DD Form 214 contains “defects,” there is no evidence before the Board to support this contention.  Regarding your concern about eligibility for healthcare, eligibility for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA), and you should contact the nearest office of VA concerning your right to apply for benefits.   If you have been denied benefits, you should appeal that denial under procedures established by the VA. 
 
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,