DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                 
Docket No: 7375-18 
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 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 11 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 15 November 1972.  On 3 April 1974, you received non-judicial punishment (NJP) for two specifications of disobedience of a lawful order.  On 11 November 1974, you received NJP for two specifications of willful disobedience of a lawful order, violation of a general order, resisting apprehension, assault, and unauthorized absence (UA).  On 28 May 1976, you were convicted at a special court-martial for three specifications of UA, larceny of a tape deck and a box of tapes, disrespect toward a superior commissioned officer, and escaping from custody.  You were sentenced to confinement, forfeitures of pay, reduction in rank, and to be discharged from the naval service with a bad conduct discharge (BCD).  Following your sentence, from the period beginning on 18 August 1976 to 4 January 1977, you went on four periods of UA, totaling 42 days in UA status.  On 9 June 1978, you were discharged with a BCD. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contention that you did not steal from another Marine.  The Board noted that there is no evidence in your record, and you submitted none, to support your contention.  Further, the Board determined there is insufficient evidence to warrant relief in your case given your misconduct.  Accordingly, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade 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 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.