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

Docket No: 3491-18   
Ref: Signature date 

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 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 26 June 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 reenlisted in the Marine Corps on 18 February 1969, after more than three years of prior service.  You served for 10 months without disciplinary incident, but during the period from 3 December 1969 to 3 July 1970, you received non-judicial punishment (NJP) on two occasions, and were convicted by a summary court-martial (SCM).  Your offenses were using disrespectful language toward a commissioned officer, failure to obey a lawful order from a commissioned officer, drunk and disorderly in uniform, incapacitated for the performance of duties, assault, and communicating a threat. Subsequently, you were notified of pending administrative discharge processing for separation from the naval service with an other than honorable (OTH) characterization of service by reason of unfitness.  After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB).  The ADB findings included that you “perjured [your]self in testimony during a Summary Court Martial . . . and once during the testimony before the Admin Board testifying contrary to [your] sworn, written statement.” The ADB found that you committed misconduct as alleged and recommended that you be separated with an OTH discharge.  Your commanding officer concurred with the ADB and forwarded his recommendation to the separation authority.  The separation authority agreed with the recommendation of the ADB and directed your commanding officer to issue you an OTH discharge by reason of unfitness and, on 21 August 1970, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your contentions that while stationed in Da Nang the opportunity presented itself to go see your brother, you took it, and returned to your unit where you were immediately discharged for being absent without leave (AWOL).  The Board concluded that these factors were insufficient to warrant relief in your case due to your misconduct that resulted in two NJPs and a SCM conviction.  Regarding your contention concerning the circumstances of your discharge, your record reflects that you were discharged for unfitness for duty due to incapacitation for duty on two occasions, one in    ,    , and not for being AWOL in    . 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.  Moreover, there is no provision of law or in Marine Corps regulations that allows for recharacterization of service due solely to the passage of time. The Board, in its review, discerned no probable material error or injustice in the discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. 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,