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

Docket No: 3807-18  
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 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 it merits.  A three-member panel of the Board, sitting in executive session, considered your application on 11 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps on 25 September 1974.  Between July 1975 and February 1976, you had a series of minor misconduct incidents.  Beginning in January 1976, your record indicates that you began informing your command that you wanted out of the Marine Corps.  On 4 February 1976, you were diagnosed with a personality disorder and alcohol abuse.  As a result, you were notified of pending administrative separation action by reason of unsuitability due to a personality disorder and alcohol abuse.  After you waived your rights, your commanding officer (CO) recommended a general discharge under honorable conditions.  The discharge authority approved this recommendation and you received a general discharge on 12 March 1976. 

The Board carefully weighed all potentially mitigating factors, such as your contentions that you were discharged for humanitarian reasons, your decision to leave did not warrant a general discharge, and you did not have any nonjudicial punishments (NJP) or other issues in your record.  In regard to your contentions that you were discharged for humanitarian reasons and your decision to leave early did not warrant a general discharge, the Board noted that you were actually administratively separated due to a personality disorder and alcohol abuse.  Regarding your contention that you did not have any NJPs or other issues in your record, the Board noted that the record contains evidence that shows during the period from 5 July 1975 to 24 February 1976, you received six NJPs and were convicted by a SCM.  The Board, thus, concluded that there was no material error or injustice in your general 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,