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

Docket No: 6271-18 
Ref: Signature Date

Dear	:

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 21 August 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 30 November 1976. From 28 April 1977 to 14 December 1977, you received nonjudicial punishment (NJP) on four occasions. Your offenses were unauthorized absence (UA) from your unit for periods totaling seven days, failure to go to your appointed place of duty, and dereliction in the performance of duties. On 27 February 1978, you were convicted by special court-martial (SPCM) of larceny. The sentence imposed was confinement, forfeiture of pay, and a bad conduct discharge (BCD). The convening authority suspended your BCD for six months; the suspended portion of the sentence would be remitted unless sooner vacated due to further misconduct. On 28 August 1978, you were in an UA status from your unit until you were apprehended on 5 September 1978, by civil authorities in Craven County, NC, on charges of breaking and entering and larceny. On 23 October 1978, you were convicted in civilian court of larceny and breaking and entering and sentenced to imprisonment for two years. Although the Board lacked your entire service record book (SRB) it appears from the SRB entries before the Board that you were subsequently involuntarily processed for separation by reason of misconduct due to civil conviction.  In connection with this processing, you would have acknowledged the separation action and the separation authority would have approved a recommendation for separation. The record shows that on 20 July 1979, you were discharged with an other than honorable (OTH) separation due to misconduct.

The Board carefully weighed all potentially mitigating factors, including your contention that you were young and under the influence of alcohol, broke into a building with other troops, and did not know that was their intention. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in four NJPs, an SPCM, and a civilian conviction. In regard to your contention, the Board considered your youth and immaturity as factors in your behavior, but concluded that the severity of your misconduct warranted the OTH discharge. 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,