DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1040-19 Date: Ref Signature This is in reference to your application of 8 January 2019 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 5 February 2020. 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 and began a period of active service on 24 January 1957. From the period beginning on 2 October 1957 to 11 March 1958 you received non-judicial punishment (NJP) on three occasions for the following offenses: willfully disobey a lawful order of a non-commissioned officer (NCO), disorderly conduct, and two specifications of failure to obey a lawful order. On 15 April 1958, you were convicted at a summary court-martial (SCM) for willfully disobeying a lawful order of a superior NCO. On 23 June 1958, you received NJP for disorderly conduct. On 23 July 1958, you received a civil conviction for drunk and disorderly, and assaulting a police officer. As a result a foregoing, you were fined and sentenced to 60 days in jail. Your commanding officer recommended your discharge by reason of misconduct-confinement by civil authorities. You were discharged on 25 August 1958 with an other than honorable (OTH) characterization of service for your misconduct. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention you were a good Marine but you struggled with alcoholism. Additionally, you list your accomplishments since your discharge from the Marine Corps. The Board commends you for your post-service conduct. Your complete administrative separation documents were not available, therefore the Board relied 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. The Board determined, if alcohol abuse existed at the time of your service, such abuse does not excuse the misconduct you committed. Further, members of the armed services are subject to conviction by civil authorities and, if such action is taken, may be discharged. The Board concluded the severity of your misconduct which resulted in four NJPs, and one SCM, and a civil conviction outweighed your current 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. Sincerely,