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

Docket No: 0082-20
Ref: Signature date 

Dear 
 
This letter 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 with respect to your request to upgrade your characterization of service 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 21 May 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps on 21 March 1972. On 31 May 1973 and again on 3 July 1973 you received nonjudicial punishment for two instances of failing to go to your appointed place of duty.  On 15 November 1973, you received nonjudicial punishment for a period of unauthorized absence.  On 4 December 1973, you commenced another period of unauthorized absence, and, while you were in the absence status, you were apprehended by civilian authorities on charges of housebreaking and larceny. On 13 February 1974, you were convicted of those charges, and sentenced to five years of confinement, three of which were suspended.  On 19 November 1974, you were notified of the initiation of administrative separation processing due to civilian conviction.  You waived your rights to consult with counsel and to present your case to an administrative discharge board, and on 11 March 1975, you were discharged with an other than honorable characterization of service.
 
The Board carefully weighed your contentions and mitigating factors, which include that you believe you were not given an opportunity to defend yourself against your discharge. However, your record indicates that you waived your rights to consult with counsel and to a hearing before an administrative discharge board, thereby forgoing your best opportunity to continue your service or to request a better discharge.  In its review of your entire record and application, the Board did not find evidence of an error or injustice that warrants upgrading your 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 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,