Docket No: 6412-19 
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 for Correction of Naval Records, 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 on 28 June 1975.  According to the information in the record, during the period from 9 May to 22 August 1978, you received six non-judicial punishments (NJP) for three specifications of unauthorized absence totaling seven days, disobeying a lawful order, failure to maintain a proper military uniform, and failure to obey a lawful order.  On 29 September 1978, you received a psychiatry evaluation, which diagnosed you with immature personality disorder with antisocial features.  As a result, you were recommended for administrative separation.  Subsequently, you were notified of pending administrative separation action by reason of unsuitability due to a personality disorder.  After you waived your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of unsuitability due to a personality disorder.  However, the discharge authority did not concur with your CO’s recommendation and directed you be retained in the Marine Corps.  On 3 March 1979, you were declared a deserter after going into a UA status on 31 January 1979 for an unidentified amount of time.  As a result, on 1 February 1984, you were discharged with an OTH discharge by reason of misconduct due to being absent without leave. The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Marine Corps.  In regard to your case, there was not documentation in your record identifying the amount of time you were in a UA status prior to discharge. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you went UA because your family was not doing well, you were having medical problems due to being stationed at    during the contaminated water crises and you deployed four times while serving in the Marine Corps.  In this regard, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge.  
 
In regard to your contention that you went UA because your family was not doing well, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  In regard to your contention that you are having medical problems due to being stationed at Camp Lejeune during the contaminated water crises, the Board noted that Public Law 112-154, “Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012,” requires the Veterans Administration to provide health care to veterans with one or more of 15 specified illnesses or conditions.  You should contact the nearest office of the Department of Veterans Affairs (DVA) concerning your right to apply for benefits or appeal an earlier unfavorable determination.  Regarding your contention that you deployed four times while serving in the Marine Corps, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. 
 
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,