DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
        
Docket No: 9279-18                                                        
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 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 21 November 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its 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 26 October 1971.  During the period from 6 October 1972 to 27 May 1975, you received nonjudicial punishment (NJP) on eight occasions.  Your offenses included failure to go to your appointed place of duty, unauthorized absence (UA) from your unit for periods totaling 14 days, failure to obey a lawful general regulation, and breaking restriction.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to your frequent involvement with military authorities, at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB).  Your commanding officer recommended discharge under honorable conditions by reason of misconduct due to frequent involvement.  The discharge authority approved your commanding officer’s recommendation and directed separation under honorable conditions by reason of misconduct, and on 24 June 1975, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, including your contention that you were court-martialed by an officer of lesser rank than when you were promoted to lance corporal, and that in the case of your total lost time, you were off duty on the weekends.  However, the Board concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in eight NJPs.  Further, you were given an opportunity to defend your actions before an ADB, but waived your procedural rights.  Regarding your contentions, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Concerning lost time, military personnel are paid on a day-by-day basis, 365 days per year.  Therefore, even if your regular scheduled working hours are Monday through Friday, you are still accountable to your command and the Marine Corps when not at work and would have needed to request leave for weekend days away from your command.  Accordingly, the Board, in its review, discerned no probable 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,