DEPARTMENT OF THE NAVY 

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

Docket No. 2828-16 
JUL 03 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 U.S.C. §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 26 April 2017. 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. 

On 6 August 1980, you re-enlisted in the Marine Corps and continued to serve on active duty. 
On 19 May 1982, you received nonjudicial punishment (NJP) for failure to obey a lawful order, 
unauthorized absence (UA) for a period of40 minutes and losing field gear through neglect. On 
18 June 1982, you were convicted at a special court martial (SPCM) for being UA for a period of 
213 days. During the period of 13 September 1982 to 26 June 1983 you committed three 
specifications ofbeing UA. On 22 July 1983, you requested an other than honorable discharge 
in lieu oftrial by court martial. As a result ofthe foregoing, the separation authority directed an 
other than honorable (OTH) characterization of service. On 29 July 1983, you were discharged 
withanOTH. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. The Board carefully weighed all potentially mitigating factors, such as your desire to 
upgrade your character ofservice and rationale for your misconduct. The Board believed that 
considerable clemency was extended to you when your request for discharge to avoid trial by 
court-martial was approved. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director