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

Docket No: 3148-16 

Dear 

This is in reference to your application for correction of your 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 statute of limitations 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 13 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 of this 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. 

In regard to your request for a personal appearance, be advised that the Board regulations state 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 of the record. 
You began a period of active duty in the Marine Corps on l October 1979. During the period from 6 January 1982 to 21 July 1983, you received 5 nonjudicial punishments (NJP) for four separate periods of unauthorized absence, failing to go to your appointed place of duty, and two specifications of violating a lawful order. On 12 May 1983, you were convicted by special court-martial (SPCM) of two specifications of conspiracy and being absent from your appointed place ofduty. On 10 June 1983, your Commanding Officer recommended your discharge with an other than honorable (OTH) characterization of service. You consulted with counsel and waived your right to appear before administrative discharge board (ADB). The discharge authority directed an OTH discharge and on 29 September 1983, you were discharged. 

After careful and conscientious consideration of the entire record, The Board found the evidence submitted was insufficient to establish the existence of probable material or injustice. The Board considered your desire to upgrade your discharge and your statement that you were forced to take an OTH discharge under extreme pressure and stress. When making its determination, the Board noted that you served both in the continental United States and abroad, and that you completed almost four years ofactive-duty service. The Board found that these factors did not overcome the pattern of misconduct documented in your service record, to include numerous counselings, five NJPs, and conviction at SPCM. Lastly, you were notified of and 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 a more favorable characterization of service. Accordingly, your application has been denied. 

It is regrettable that the circumstances of your 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. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity 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