DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No. 6559-19 
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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2019. 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.

A review of your record shows that you entered active duty with the Marine Corps in June 1968. You entered an unauthorized absence status on 26 December 1968 and remained a deserter until your apprehension on 6 February 1976. After your return to military custody, you were medically cleared for separation before being discharged for misconduct on 26 May 1976 with an Other than Honorable characterization of service. Post-discharge, you were treated for a number of disability conditions and are currently suffering from Multiple Sclerosis, cognitive symptoms, headaches, left hemiparesis, and diabetes along with other disability conditions listed in your medical records.

The Board carefully considered your arguments that you deserve an upgrade to your characterization of service. You assert that you suffered a stroke while on leave and imply that this was the basis for your desertion from the Marine Corps. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded you committed the misconduct that formed the basis for your administrative separation from the Marine Corps. Therefore, they determined you were properly discharged from the Marine Corps for misconduct and not eligible for disability processing in 1976.  Second, the Board found insufficient evidence to support a finding that you were unfit for continued naval service in 1976 based on your separation physical of 24 May 1976. That medical report documents that you were medically cleared for separation and not suffering from any disability symptoms that required medical treatment.  Third, the Board felt the mitigation created by your current medical conditions was offset by your attempt to desert from the Marine Corps and short period of active service. Based on these findings, in their opinion, your characterization of service remains appropriate since the nature of your misconduct was a significant departure from conduct expected of a Marine. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.

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,