DEPARTMENT OF THE NAVY 

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

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 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 12September 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, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without connsel will not material! y add to their understanding ofthe issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence ofrecord. 

You enlisted in the Marine Corps and began a period ofactive duty on 28 March 1977. During 
the period from 28 June 1978 to 3 April 1979, you received four nonjudicial punishments QljPs) 
for two periods ofunauthorized absence (UA) totaling 45 days and three specifications of 
disobedience. On 21November1979, you were convicted by special court-martial (SPCM) of 
two specifications of UA totaling 184 days. You were.discharged with an other than honorable 
discharge on 5 February 1981. 

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. The 
Board carefully weighed all potentially mitigating factors, such as your record ofservice, and 
that you did not know by requesting an undesirable discharge you would lose your benefits, had 
turned into an alcoholic, and contention that you were offered a general discharge. The Board 
concluded these factors were not sufficient to warrant recharacterization ofyour discharge given 
the seriousness ofyour misconduct which resulted in your four NJP's, SPCM conviction, and 
charges being preferred to a court-martial for serious offenses. The Board believed that 
considerable clemency was extended to you when your request for discharge was approved. The 
Board also concluded that you received the benefit ofyour bargain with the Navy when your 
request for discharge was granted and should not be permitted to change it now. 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. 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 iajustice. 

Sincerely, 


Executive Director