Docket No: 1740-20 
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 was 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 26 October 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 and began a period of active duty on 1 October 1973.  On 15 July 1974 August 1983, nonjudicial punishment (NJP) was imposed on you for Unauthorized Absence.  On 29 July 1974, you pled guilty in a civilian court to Possession of Marijuana and Carrying a Concealed Weapon.   On 7 August 1974, the suspended portion of your NJP punishment was vacated and you were issued a retention warning. On 8 August 1974, you began a period of unauthorized absence that lasted until 12 August 1974.  Subsequently, administrative separation action by reason of Misconduct – Civilian Conviction, was initiated against you.  On 13 August 1974, you consulted counsel and waived an administrative board.  On 13 August 1974, your Commanding Officer (CO) recommended that you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.   On 16 August 1974, NJP was imposed on you for Failure to Obey a Lawful Order.   On 30 August 1974, the Staff Judge Advocate to the Separation Authority found the package legally sufficient.  On 6 September 1974, the Separation Authority directed you be administratively separated with an OTH discharge.  On 11 September 1974, you were discharged with an OTH discharge.     
 
You have requested an upgrade of your discharge. In your request, you stated that your discharge should have been medical, but you were “given pills and put on light duty.”  You asserted that when you asked to leave the military, you were given an OTH.  In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  However, the after considering all potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted.  
 
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,