DEPARTMENT OF THE NAVY 

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

Docket No: 2288-16 

MAR l7 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 ofthe United States Code, section 1552. 

Although your application was not filed in a timely marmer, 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 31 January 2017. 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. 

Regarding your request for a personal appearance, be advised that Board regulations state that 
personal appearances before the Board are not granted as a right, but only when the Board 
determines that such an appearance will serve some useful purpose. In your case, the Board 
determined that a personal appearance was not necessary and considered your case based on the 
evidence ofrecord. 

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 begin a period ofactive duty on 9 December 1965. During 
the period from 24 June 1966 to 12 December 1967, you received two nonjudicial punishments 
, (NJP) for the following offenses: larceny from another Marine and unauthorized absence (UA) 
for 10 days. You were also convicted by a special court martial (SPCM) and a summary court 
martial (SCM) of the following offenses: UA for a period totaling 135 days, two specifications 
of missing unit movement, two specifications ofdisrespect to an Non-Commission Officer 
(NCO), and making a false official statement. Subsequently, you were notified of pending 
administrative separation action by reason ofmisconduct due to unfitness. 

After you waived your procedural rights, your commanding officer recommended discharge 
under other than honorable (OTH) conditions by reason of misconduct due to unfitness. 
The discharge authority approved this recommendation and directed separation under other than 
honorable conditions by reason ofunfitness. On 16 August 1968, you were discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that you received the Good Conduct Medal (GCM), 
National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and the Vietnam 
Campaign Medal (VCM) while in the Navy, as well as the assertions that you need Department 
ofVeteran Affairs (DVA) benefits and your service  need to be added 
to your Certificate ofRelease or Discharge from Active Duty (DD Form 214). However, the 
Board concluded that these factors were not sufficient to warrant relief given the severity of your 
misconduct. In this regard, the Board concluded that the seriousness ofyour misconduct, which 
resulted in two NJPs, a SCM, and a SPCM, outweighed your desire to upgrade your discharge 
and clearly supports the Commanding Officer's decision to process you for an OTH discharge. 
The Board 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 of service. 
Accordingly, your application has been denied. 

Regarding your assertion that you need DV A benefits. The Board noted whether or not you are 
eligible for benefits is a matter under the cognizance ofthe Department ofVeterans Affairs 
(DVA), and you should contact the nearest office ofthe DVA concerning your right to apply for 
benefits. In regards to correcting your DD Form 214 by adding your service in Guantanamo Bay 
Cuba. The Board noted that you should contact Headquarters, United States Marine Corps, 
Deputy Chief of Staff for Manpower and Reserve Affairs (M&RA) Department, Separation 
Section (MMSR-3), to request administrative corrections to your DD Form 214. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
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 injustice. 

Sincerely, 


Executive Director