DEPARTMENT OF THE NAVY 

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

Docket No: 731-16 

JAN 03 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant 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 of limitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 21 September 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 navai 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 ofprobable material error or injustice. 

You enlisted in the Marine Corps and began a period ofactive duty on 10 November 1971. You 
served for 19 days without disciplinary incident, but during the period from 29 November 1971 
to 8 March 1973, you received nonjudicial punishment (NJP) on four occasions, were convicted 
in civil court and by summary court-martial (SCM). Your offenses were unauthorized absence 
from your unit for periods totaling 71 days, failure to obey a lawful regulation breaking 
restriction, and driving under the influence ofnarcotic drugs. Subsequently, you were notified of 
pending administrative separation by reason ofmisconduct due to frequent involvement at which 
time you waived your procedural rights to consult with legal counsel and to present your case to 
an administrative discharge board (ADB). Your commanding officer recommended discharge 
under other than honorable conditions by reason ofmisconduct due to frequent involvement. 
The discharge authority approved this recommendation and directed separation under other than 
honorable conditions by reason ofmisconduct, on 3May1973, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your claim that due to your young age and immaturity you were 
unable to adhere to the standards. The Board concluded these factors were not sufficient to 
warrant relief in your case because ofthe seriousness ofyour repeated misconduct that resulted in 
four NJPs, a civil conviction and an SCM. Further, you were given an opportunity to defend 
your actions, but waived your procedural rights. Regarding your contention, the Board 
concluded that the severity ofyour misconduct outweighed your desire to upgrade your 
discharge. Accordingly, your application has been denied. 

It is regretted 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 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 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