Docket No: 3481-18
Date: Ref Signature 
 

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 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 22 May 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, 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 service on   November 1967.
You had numerous periods of unauthorized absence (UA) for which you received nonjudicial 
punishment (NJP) twice, and a special court-martial (SPCM) twice. On   February 1970, you 
were notified of the initiation of administrative separation processing by reason of frequent 
involvement of a discreditable nature with military authorities. Your commanding officer
recommended an undesirable discharge by reason of unfitness on the basis of frequent
involvement of a discreditable nature with military authorities. You went on a period of UA
from    March 1970 until your surrender on    March 1970. You were discharged with an other
than honorable characterization of service by reason of frequent involvement of a discreditable
nature on    March 1970.

The Board carefully weighed all potentially mitigating factors, such as your contention President Carter gave amnesty to all servicemembers on 21 January 1977.  Executive Order 11967 granted pardons to persons who had violated the Military Selective Service Act by either not registering for or failing to report for Selective Service. The Board determined your case did not meet the criteria to warrant relief because you were not avoiding the Selective Service, but, instead, had gone UA from your duties after already being in the Marine Corps. The Board concluded that your discharge was appropriate based on the seriousness of your repeated misconduct. In its review, the Board discerned no material error or injustice in your 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 submission of new matters. 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,