DEPARTMENT OF THE NAVY 

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

Docket No: 1075-16 

JAN 27 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10 of the United States Code, Section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statutes oflimitations and consider your application on its merits. A threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 5 October 2016. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed.in 

accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 

You enlisted in the Marine Corps and began a period of active duty on 8 January 1973. You served 
for four months without disciplinary incident, but during the period from 25 May 1973 to 
2 August 1973, you received nonjudicial punishment (NJP) on two occasions, for the following 
offenses: absence from your appointed place ofduty, and unauthorized absence (UA). Then, 
between 17 December 1973 and 4 January of 1974, charges were refereed aganist you-to 
Surmnary Court-Martial (SCM)-for two separate periods ofUA. On 8 January 1974, you were 
convicted by Special Court-Martial (SPCM), for being UA from your unit for periods totaling 55 
days. 

Subsequently, you were notified ofpending administrative separation by reason ofmisconduct at 
which time you waived your rights to consult with legal counsel and to present your case to an 
administrative discharge board (ADB). Your commanding officer recommended discharge under 
other than honorable conditions by reason of misconduct. The discharge authority approved this 
recommendation and directed separation under other than honorable conditions by reason of 
misconduct. On 20 March 1974 you were discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your post service conduct and claim that your misconduct was due to 
being young and recently married. However, the Board found that these factors were not 
sufficient to warrant relief in your case because of your repeated misconduct that resulted in two 
NJPs and an SPCM. Further, you were given an opportunity to defend your actions, but waived 
your procedural rights. In regard to your claim, the Board believe that to recharacterize your 
service to honorable or under honorable conditions would be unjust and a disservice to those who 
served honorable and completed their enlistments without any disciplinary actions. Accordingly, 
your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew and material 
evidence within one year from the date of the Board's decision. New evidence is evidence not 
previously considered by the Board prior to making its decision in your case...-!n this regard, it is 
important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director