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

Docket No: 10039-18                                   
Ref: Signature Date 

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 October 2019.  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 31 July 1972.  You served for nearly six months without disciplinary incident, but during the period from 22 January 1973 to 23 October 1973, you received nonjudicial punishment (NJP) on five occasions.  Your offenses were unauthorized absence (UA) from your unit for periods totaling 45 days and failure to obey a lawful order.  On 19 January 1976, you made a written request for discharge for the good of the service to avoid trial by court-martial for three periods of US from your unit totaling 682 days.  During your UA periods, you were arrested for grand theft auto and possession of marijuana.  Prior to submitting this request, you conferred with a qualified military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge. Your request was granted and the commanding officer directed your other than honorable (OTH) discharge.  As a result of this action, you were spared the stigma of a court-martial conviction, the potential penalties of a punitive discharge, and confinement at hard labor. On 11 February 1976, you were discharged under OTH conditions. 

The Board carefully weighed all potentially mitigating factors including your contentions that you were experiencing issues with your family at home your mother was severely ill and that you were an excellent Marine.  The Board concluded these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in five NJPs, periods of UA lasting more than a year and 10 months, and your request for discharge. In regard to your contention, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board was sympathetic to your concern for your mother, but noted there was nothing in your record and you did not submit any supporting documentations to show that your family problems could not be resolved through standard military channels.  In addition, the notation on your Certificate of Discharge or Release from Active Duty (DD Form 214), does not show that you received a Good Conduct Medal, but only states the starting date for the next qualifying period for the award.  The Board, in its review, discerned no material error or injustice in the discharge. 

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, 


10/25/2019