DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1640-21 Ref: Signature Date Dear Petitioner: 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 9 August 2021. The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period of active duty on 26 November 1974. On 22 April 1975, you received nonjudicial punishment for a 40 day period of unauthorized absence. On 6 January 1976, you received nonjudicial punishment for a one day period of unauthorized absence. From the period 2 September 1976 to 4 December 1977, you engaged in several periods of unauthorized absences totaling 439 days, the last period of unauthorized absence was terminated by your apprehension by civilian authorities. On 16 December 1977, you submitted a written request for an undesirable discharge in order to avoid a trial by court-martial for unauthorized absences totaling 439 days. In your statement supporting your request for discharge, you indicated that you would continue to go into an unauthorized absence status until you were discharged. Your request for discharge was granted, and on 30 December 1977, you were discharged with an other than honorable characterization of service. In 1982, you filed an application with the Naval Discharge Review Board (NDRB), in which you contended that based on your post-service conduct, you were deserving of clemency. On 10 February 1982, the NDRB denied your application, finding that your discharge was appropriately assigned. In 2014, you filed a petition with this Board, in which you highlighted your post-service accomplishments. On 14 April 2014, this Board denied your petition. The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo. You contend in your petition that your command was on notice that you had family problems and they failed to order you to go the command chaplain, failed to counsel you, and failed to offer advice concerning your family. You state that you have 35 years of honorable service to your community, family, and society. You explained that, at the time, you were young, immature, and lacked guidance and sophistication to grasp the full ramifications of your actions, and that you began your adult life at the age of 17, and through your lack of maturity, you made poor decisions with far reaching consequences. You further state that you were able to overcome your deficiencies and become a productive member of society. You provided statements of reference and support, which the Board reviewed, including one from one of your children describing you as humble, selfless, giving, and positive. In review of all of your materials, the Board did not find an injustice in your record warranting relief. The Board commended you on your post-service achievements, but found that these achievements were insufficient to overcome the misconduct that you committed while on active duty and for which you received an other than honorable characterization of service. Specifically, the Board found that a substantial portion of your enlistment in the Marine Corps was spent being absent from your place of duty without authority. You received nonjudicial punishment twice for unauthorized absences, and you were facing court-martial charges for several periods of unauthorized absence totaling 439 days, the final period of which was terminated by your apprehension. The Board found that you did not provide any evidence, nor is there any in your naval records, that you sought any assistance and such assistance was not provided. Your record is also devoid of any evidence that your command or the Marine Corps failed you as you indicate. In conclusion, given the totality of the circumstances, as well as a review of your overall service record, the Board determined that your request does not merit relief. 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, 8/16/2021 Executive Director