Docket No: 1399-20 
Ref: Signature Date 



This is in reference to your application of 24 October 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 23 April 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, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active service on 29 December 1971.  On 1 February 1972, you received non-judicial punishment (NJP) for conduct unbecoming a Marine.  You were placed into a “drug exemption” program on 30 May 1972.  On 30 July 1972, you received NJP for an unauthorized absence.  On 1 August 1972, you again received NJP for possession of marijuana.  On 4 August 1972, you commenced a period of unauthorized absence 
and you were apprehended in , where you escaped from confinement and were later apprehended again on 9 August 1972.  You went to a summary court-martial on 29 August 1972 for wrongful appropriation of an automobile, escaping from confinement, and possession of marijuana.  On 22 September 1972 you were apprehended by civilian authorities on an arrest warrant for grand theft auto.  You were on another period of unauthorized absence from 16 October 1972 to 9 December 1972.  You commenced another period of unauthorized absence on 26 February 1973 to 7 March 1974.  During that absence, on 23 February 1974, you were charged with possession of marijuana by the , authorities.  On 8 April 1974, after you consulted with counsel, you requested that you be discharged, for the good of the service, with an other than honorable characterization of service.  Pursuant to your request, you were discharged on 24 April 1974, for the good of the service, with an other than honorable characterization of service. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contentions that you felt that you were discriminated against and that your sergeant was sleeping with your wife and planted drugs on you.  Your application did not include evidence to support your contentions, nor was there supporting evidence in your naval records.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  The Board also considered that you would like benefits, but notes that whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA), and you should contact the nearest office of the VA concerning your right to apply for benefits. 

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.