DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
                
Docket No: 7084-18 
Ref: Signature Date 

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 4 September 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, and applicable statutes, regulations and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 29 January 1968.  During the period from 25 July 1968 to 13 December 1968, you received nonjudicial punishment (NJP) three times for two period of unauthorized absence totaling 24 days and failure to obey a lawful order.  On 2 June 1969, you were convicted by civilian authorities of using a motor vehicle without authority.  On 28 July 1969, you were convicted by special court-martial (SPCM) of absence from your appointed place of duty, assault, communicating a threat, and breaking restriction. 
 
Subsequently, you were notified of the initation of administrative separation processing, at which time you waived your right to consult with legal counsel and to present your case to an administrative discharge board.  The commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) character of service.  The staff judge advocate found the proceedings were sufficient in law and fact to support administrative discharge.  The separation authority approved the CO’s recommendation and directed that you be discharged with an OTH character of service.  On 18 September 1969, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you were young and immature and that you are asking for a second chance.  In regard to your contention, the Board considered your youth and immaturity as a factor in your behavior, but concluded the seriousness of your repeated misconduct that resulted in three NJPs, civilian conviction and SPCM conviction outweighed your desire to upgrade your discharge.  The Board noted you were given an opportunity to defend your actions, but waived your procedural rights.  In view of the forgoing, the Board discerned no impropriety or inequity in the discharge action that would warrant a change in your characterization of service. 
 
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.