DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2473-20
Ref: Signature Date 

Dear : 

This is in reference to your application of 31 January 2020 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, 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 28 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 duty on 24 September 1976.  On 30 May 1977, you were apprehended by civilian authorities for the alleged attempted distribution of marijuana.  On 10 August 1977, civil authorities convicted you of possession of marijuana.  On 28 September 1977, you received non-judicial punishment (NJP) for a period of unauthorized absence (UA) from 0701 to 1315 on 16 August 1977.  On 9 November 1977, you received a second NJP for breaking restriction.  You were counseled on 15 August 1978, for unsatisfactory performance of duty and poor conduct.  You received a third NJP on 5 August 1978, for UA from 0600 to 0845 on 24 July 1978. On 15 August 1978, you received a fourth NJP for breaking restriction.  On 18 August 1978, you received a fifth NJP for failing to get dressed for a squadron run.  You again received NJP on 22 September 1978, for a period of UA from 20­21 September 1978.  On 3 October 1978, you received a sixth NJP for UA on 27, 28 and 29 September 1978.  On 27 October 1978, you were notified of an administrative action to separate you from the naval service.  On 8 November 1978, your Commanding Officer recommended that you be administratively discharged with an other than honorable characterization of service by reason of misconduct due to frequent involvement with military authorities and conviction by civil authorities.  You waived your right to appear before an administrative separation board.  Your Commanding Officer stated that you had been afforded more than a reasonable opportunity to correct your deficiencies and had demonstrated that your misconduct was intentional in an effort to gain relief from further military service.  On 28 December 1978, you received a seventh NJP for absence from your appointed place of duty (duty section muster with the squadron duty officer).  You were discharged from the Marine Corps on 15 January 1979, and received an other than honorable discharge characterization and a reentry (RE) code of RE-4. 

In your application for correction, you ask for an upgrade to your discharge to reflect an honorable characterization of service.  You state that you were young and immature, and have lived with your discharge for 40 years.  You stated that you would like to retire and live with less guilt. 

The Board reviewed your request for an upgrade to your characterization of service, and carefully considered potentially mitigating factors including the length of time since your discharge and your youth and immaturity.  The Board found that the mitigating factors could not overcome the frequency of your misconduct as evidenced by six NJPs, followed by a seventh NJP after you were notified of administrative separation proceedings against you.  The Board concluded that your other than honorable characterization of service is supported by the misconduct reflected in your record, and does not merit corrective action due to error or injustice
. 
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,