DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1652-19 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 18 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, 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 will 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 on . During the period from 21 March 1974 to 25 July 1974, you received four non-judicial punishments (NJP) for misconduct including disobeying a lawful order from a commissioned officer, disobeying a lawful order from an NCO, unauthorized absence (UA) totaling six days, wrongful possession of drugs, and failure to be at your appointed place of duty. On 14 October 1976, you were convicted by special court-martial (SPCM) of three specifications of UA totaling 81 days. However, the charges and specifications were dismissed due to lack of jurisdiction based on the evidence that, at the time of your enlistment, you were a minor but your recruiter told you to enter an incorrect date of birth, which qualified you for enlistment. As a result of this action, on 20 October 1976, you were released from military control, your enlistment was determined to be void, and you were not credited with any active service. However, on 24 January 1980, the Board upgraded your characterization of service to general (under honorable conditions) by reason of misconduct. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, change your date of birth (DOB), and contention that the days listed as UA on your Certificate of Release or Discharge from Active Duty (DD 214) are incorrect because you were on emergency leave for 30 days. The Board also noted your contentions that you called your commanding officer (CO) to get an extension on leave and it was granted, you provided proof to your Battalion Commander (BC) that your leave was approved but he did not believe you, and that you told your recruiter that your DOB was wrong. However, the Board concluded that these factors were insufficient to warrant upgrading your discharge given your misconduct and previous upgrade by the Board. In regard to your contentions that the days listed as UA on your DD 214 are incorrect because you were on emergency leave, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. In regard to your DOB being incorrect on your DD 214, the Board noted that you should contact Headquarters, United States Marine Corps, Deputy Chief of Staff for Manpower and Reserve Affairs (M&RA) Department, Separation Section (MMSR-3), to request that administrative corrections to your DOB be made on your DD Form 214. 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.