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

Docket No: 8058-19 
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 23 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 7 September 1978.  On 23 July 1979, you were counseled because of your improper manner of standing guard while on a field operation.  On 20 November 1979, you received nonjudicial punishment (NJP) for wrongful possession of marijuana and awarded forfeiture of pay and restriction, which was suspended for four months.  On 14 December 1979, you received a second NJP for failing to obey a lawful order and awarded forfeiture of pay and correctional custody. You were in an unauthorized absence (UA) status from 14 January 1980 to 17 January 1980, from 22 January 1980 to 1 February 1980, and from 11 February 1980 to 13 February 1980. On 20 February 1980, you were counseled that further deficiencies in performance or conduct could result in administrative separation and judicial proceedings.  On 7 April 1980, you began another period of UA that lasted until you surrendered on 5 May 1981. On 17 July 1981, you requested a good of the service separation in lieu of trial by court-martial (GOS/SILT). On 27 July 1981, your GOS/SILT request was approved.  On 5 August 1981, you were counseled that you were not recommended for reenlistment and assigned a reentry (RE) code of RE-4.  On 10 August 1981, you were discharged with an other than honorable (OTH) conditions characterization of service. 

You request the Board upgrade your discharge to honorable.  You assert it was your understanding that your discharge would become honorable after six months automatically.  You were unaware that you had to put in a request.  You claim the only reason you went UA was because close members of my family became crack users and you had to get your younger brothers and sisters out of Los Angeles.  After you returned, your commanding officer told you your siblings were not your responsibility and that you were property of the Marine Corps, which was offensive to you. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and your contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  With respect to your contention that you only went UA to assist your family, the Board noted that prior to your extensive period of UA, you wrongfully possessed and used marijuana, failed to obey orders, and went UA for shorter periods of time on three occasions.  Further, there is no provision of law or in Navy regulations that allows for an upgrade in the characterization of service solely due to the passage of time. 

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,