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

Docket No: 7580-19 
Ref: Signature Date 

Dear

This is in reference to your application of 22 July 2019 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 3 February 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, 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 31 January 1974.  On 17 July 1974, you began a period of unauthorized absence (UA) that continued until 22 July 1974. On 1 August 1974, you received non-judicial punishment (NJP) for UA and were awarded forfeiture of pay and extra duties.  On 19 August 1974, you began a second period of UA that continued until 19 December 1974.  On 20 December 1974, you began a third period of UA that lasted until you were apprehended by civilian authorities on 14 May 1976.  On 10 June 1976, you requested a good of the service separation in lieu of trial by court-martial. On 23 July 1976, you were discharged with an under other than honorable (OTH) characterization of service.
 
You request that the Board upgrade your discharge.  You assert you would like to be proud of your service record and receive some benefits.  You claim that when you enlisted at age 16, a drill instructor gave you a higher test score than you actually achieved in order to get you into the military.  Additionally, you assert your parents received an allotment, but that you were never paid. 

The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct of 627 days of UA.  The Board noted that you provided no evidence to support your contentions.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law 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,