DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL REcoR.6s 
701 S. COURTHOUSE ROAD. SUITE 1001 
ARLINGTON. VA 22204-2490 

Docket No: 1576-16 

JAN 27 2017 

Dear 

This Js in reference to your application, which was received ob 20 April 2016, for correction of 
your naval record pursuant to the provisions ofTitle 10 ofthe 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 statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 25 October 2016. The names and votes of the 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 of your 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 ofprobable material error or injustice. 

You enlisted in the Marine Corps and began a period of active duty on 21November1968. 
During the period from 2 February to 18 April 1970, you received two nonjudicial punishments 
(NJP) for the following offenses: unauthorized absence (UA) and being absent from your 
appointed place ofduty. You also received considerable counseling from your immediate 
superiors, to no avail. Subsequently, you were notified ofpending administrative separation 
action by reason ofunfitness. After you waived your procedural rights, your commanding 
officer recommended a general discharge under honorable conditions by reason ofunfitness. 
The discharge authority approved this recommendation and directed a general discharge. On 8 
July 1970, you were discharged. 

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge and assertion that you were 
young and made minor infractions. Nevertheless, the Board concluded that these factors were 
not sufficient to warrant relief given your misconduct. In this regard, the Board concluded that 
your misconduct, as evidenced by two NJPs and several counselings, outweighed your desire to 
upgrade your discharge. 

The Board was not persuaded by the mitigating assertion that you were young and made minor 
infractions. The Board noted that you were responsible for your actions which resulted in two 
NJPs and your discharge from the Marine Corps. The Board also noted that the record shows 
that you were notified of and waived your procedural right to present your case to an 
administrative board (ADB). In doing so, you gave up your first and best opportunity to 
advocate for retention or a more favorable characterization ofservice. Finally, the Board also 
believed that you were fortunate to receive a general discharge since a discharge under other than 
honorable conditions is often directed when a Marine is separated for misconduct. 
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 ofthe Board's decision. New evidence is evidence not 
previously considered by the Board prior to makin$ its decision in your case. In this regard, it is 
important to keep in mind that a presumption ofapplying for correction of an official naval 
record, the burden is on the applicant to demonstrate the existence ofthe probable material error 
or injustice. 

Sincerely, 


Executive Director