Docket No: 8245-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 23 September 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. 
 
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 issue(s) 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 5 August 1977.  During the period from 10 February to 16 February 1978, you received two non-judicial punishments (NJP) for two specifications of failure to go to appointed place of duty, absence from appointed place of duty, disobeying a lawful order from a non-commission officer (NCO), being disrespectful in language to an NCO, being disrespectful in deportment to an NCO, and breaking restriction.  On 12 April 1978, you received NJP for disrespect to a commissioned officer.  In addition, on 12 April 1978, a special court-martial (SPCM) convicted you of unauthorized absence (UA) for one day, seven specifications of missing restricted muster, and three specification of disobeying a lawful order.   
On 14 December 1978, you received NJP for being absent from your appointed place of duty and disrespect toward a commission officer.  On 10 January 1979, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement with military/civil authorities.  After you waived your rights, you received an additional NJP for disobeying a lawful order and derelict in the performance of your duty.  On 2 March 1979, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to frequent involvement with military/civil authorities.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 9 April 1979, you were discharged.   
 
The Board carefully weighed all potentially mitigating factors, such as the letter from Senator   , your desire to upgrade your discharge and your contention that your punishment was too harsh.  In this regard, the Board concluded that seriousness and repetitiveness of your misconduct outweighed your desire to upgrade your discharge.    
 
In regard to your contention that your punishment was too harsh, the Board noted that your punishment was a direct result of your actions, which resulted in five NJPs and a SPCM conviction.  The Board also noted that the record shows that you were notified of and waived your right to, present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service.   
 
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,