Docket No: 5696-19                                                                                        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 22 July 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, 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 duty on 22 September 1975.  On 1 February 1977, you received non-judicial punishment (NJP) for wrongful possession of 37.5 grams of marijuana.  On 16 March 1977, you received your second NJP for breaking restriction.  On 31 March 1977, you were convicted by civilian authorities of driving under the influence, failure to appear, and reckless driving.   
 
On 25 April 1977, you were notified that you were being recommended for Administrative Discharge by reason of misconduct due to frequent involvement of a discreditable nature with military and civilian authorities.  You were advised of, and elected your procedural right to consult with military counsel.  After consulting with military counsel on 9 May 1977, you waived your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 10 June 1977, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire upgrade your discharge.  The Board considered your contentions that:  (1) you were completely unaware of your type of discharge until you received a copy of your Certificate of Release from Active Duty (DD Form 214); (2) the remarks in your file are untrue; you were never reprimanded for marijuana; your locker was searched and nothing was found; you were falsely accused of drugs and set up by others; (3) you never met with any lawyers or anyone regarding these matters; and (4) they had a sergeant try to assault you; you told your superior about the incident and wanted out.  The Board noted that the record contains documented evidence which is contrary to your contention that you were unaware of your type of discharge; that you were never reprimanded for marijuana; and that you never met with a lawyer.  In regard to your contention that you were assaulted, the Board noted that there is no evidence in the record and you presented none to support that contention.  Further, the record shows that you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. 
 
In addition, the Board noted that character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations.  Your conduct average was 3.4.  An average of 4.0 in conduct was required at the time of your separation for an honorable characterization of service. 
 
After careful consideration, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in two NJPs, a civilian conviction, and failure to attain the required average in conduct.  Accordingly, under the totality of the circumstances, the Board 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,