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

Docket No: 8551-18 
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 1 October 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.

You enlisted in the Marine Corps on 9 August 1971. On 8 May 1972, you were convicted by summary court-martial (SCM) of a 76-day unauthorized absence (UA). You were also in a UA status for additional 19 days from 6 to 25 July 1972. On 14 May 1973, you were convicted by special court-martial (SPCM) of a 9-month UA. You were sentenced to confinement for four months, forfeiture of pay, and a bad-conduct discharge (BCD). After the BCD was approved at all levels of review, you again entered in a UA status on three separate occasions totaling 138 days.  On 5 April 1974, you were discharged.

The Board carefully weighed all potentially mitigating factors, such as your youth and immaturity at the time of your misconduct and your desire to upgrade your discharge, as well as your contention that there were circumstances for your behavior not taken into consideration during your SPCM. The Board noted, however, that there is no evidence in your record, and you submitted none, to support your contention. Moreover, the Board determined that these factors were not sufficient to warrant relief given the seriousness of your repeated misconduct.


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, 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,