DEPARTMENT OF THE NAVY 

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

Docket No: 2182-16 

Dear 

This is in reference to yol application for correction ofyour naval record pursujt to the 
provisions of title 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 23 November 2016. The names and votes ofthe 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 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 of the 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 27 December 1972. 
During the period from 27 November 1973 to 12 March 1974, you received four (4) separate 
nonjudicial punishments (NJP) for offenses including being absent from your appointed place of 
duty on two occasions, and failing to go to your appointed place ofduty twice. On 27 February 
197 5, you were convicted by a special court martial (SPCM) oftwo periods ofunauthorized 
absence totaling 87 days. 

Subsequently, you were notified ofadministrative separation by reason of misconduct due to 
frequent involvement with military authorities, at which time you waived your right to consult 
with counsel and to present your case to an administrative discharge board (ADB). The 
Commanding Officer recommended administrative discharge with an other than honorable 
(OTH) discharge. The discharge authority approved this recommendation and directed discharge 
by reason ofmisconduct due to frequent involvement with military authorities with an OTH 
discharge. On 30 June 1975, you were discharged with an OTH characterization ofservice. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that you received misleading information from your 
drill instructors, recruiter and First Sergeant, and experienced racial discrimination. However, 
the Board concluded these factors were not sufficient to warrant relief in your case because of 
the overall seriousness ofyour repeated misconduct. The Board noted that there is no evidence 
in the record, and you submitted none, to support your contention ofany misrepresentations or 
discrimination. Additionally, the Board also noted that the record shows that you were notified 
ofand waived your procedural right to present your case to an ADB. In doing so, you gave up 
your first and best opportunity to advocate for retention or a more favorable characterization of 
service. 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 making its decision in your case. In this regard, it is 
important to keep in mind that a presumption ofregularity attaches to official records. 
Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or iajustice. 

Sincerely, 


Executive Director