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

Docket No: 6952-19 
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 2 March 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 13 August 1974.  On 17 November 1974, you began a period of unauthorized absence (UA) that continued until you were apprehended in , by civilian authorities on 13 February 1974.  You were returned to an Instructor-Inspector (I&I) and issued straggler order to Marine Corps Base .  On 14 February 1975, when you changed planes in Atlanta, you cashed in your government funded airline ticket to  for a ticket home. On 19 August 1975, while you were UA from the Marine Corps, you enlisted in the Navy.  On 14 November 1975, you were discharged from the Navy because you were unable to pass tests during training.  Approximately a year later, on 14 October 1976, you surrendered to a Marine Corps I&I in .  On 28 October 1976, you requested a good of the service separation in lieu of trial by court-martial (GOS/SILT).  On 3 November 1976, your GOS/SILT request was approved.  On 9 November 1976, you were discharged with an other than honorable (OTH) characterization of service.  On 17 October 2011, the Naval Discharge Review Board (NDRB) determined your discharge was proper and no change was warranted.  In your petition to NDRB, you claimed that while on leave from the Marine Corps, your stepmother died and you tried to get your leave extended through your recruiter; however, you never got approval. 

You request the Board upgrade your discharge to honorable.  You assert that you thought you were honorably discharged from the Marine Corps when you enlisted in the Navy.  You claim that after you learned you were AWOL, you went to the nearest Marine station, turned yourself in and gave them a copy of your DD Form 214 from the Navy. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct of two extended periods of UA.  With respect to your contention that you thought you were honorably discharged from the Marine Corps, the Board noted that you provided no evidence to support your contentions.  Absent this evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.
 
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,