Docket No: 7537-19 
Ref: Signature Date           
 

Dear : 
 
This letter 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 that 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 9 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 28 October 1980.  On 6 March 1981, you began a period of unauthorized absence (UA) that continued until you surrendered on 13 April 1984.  On 27 April 1974, your request for a good of the service separation in lieu of trial by court-martial (GOS/SILT) was approved.  On 1 May 1984, you were discharged with an under other than honorable (OTH) characterization of service. 
 
You request the Board upgrade your discharge to honorable.  You assert you signed an enlistment contract with a promise of military occupational specialty (MOS) training in aviation electronics.  Following boot you were informed your MOS was not aviation electronics, but 0100, Service Record Books.  Due to this breach of contract on the part of the Marine recruiter, the USMC, and the US government you request an upgrade.  You ask the Board to refer to your original paperwork. 
 
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 being UA excess of 1,100 days.  With respect to your contention that your original paperwork reflects your guaranteed contract, the Board noted the following on your enlistment contract:  Page 7, Section VI - Enlistment Options Accepted, Block 42 J “Specific Option/Program Enlisted For (Write in clear text English) reads:  “Open Contract” and is initialed by you.  Additionally, Page 8, Section VIII – Recertification by Applicant and Correction of Data at the Time of AD Entry, Block  44 reads:  “No Changes Required” and is signed by you and dated 27 October 1980.  Lastly, your record does not contain a page 11 entry regarding a guaranteed contract. 
 
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.