DEPARTMENT OF THE NAVY 

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

Docket No: 8261-16 
NOV 07 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 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 22 September 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. Documentarym11terial 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. 

You enlisted in the Marine Corps and began a period ofactive duty on 6July1971. During the 
period from I February 1972 to 8 May 1973, you received three nonjudicial punishments (NJPs) 
for two periods ofunauthorized absence (UA) totaling eight days and sleeping on post. 
Additionally, you were convicted by summary court-martial (SCM) of40 days ofUA and by 
special court-martial (SPCM) of24 days ofUA. Further, you were counseled on one occasion 
regarding your unsatisfactory performance. On 8 May 1973, you began a period ofUA that lasted 285 days, ending on 17 February 1974.
On 22 March 1974, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial. 
Prior to submitting this request for discharge, you conferred with a qualified military lawyer, 
were advised ofyour rights and warned ofthe probable adverse consequences of accepting such 
a discharge. Subsequently, your request for discharge was granted and on 14 May 197 4 and you 
received an OTH discharge in lieu oftrial by court-martial. As a result ofthis action, you were 
spared the stigma ofa court-martial conviction and the potential penalties ofa punitive discharge 
and confinement at hard labor. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 
The Board carefully weighed all potentially mitigating factors, such as your record ofservice, 
you stayed out oftrouble, pay your taxes and contention that you were told your discharge would 
be upgraded if you stayed out oftrouble. The Board concluded these factors were not sufficient 
to warrant recharacterization ofyour discharge given the seriousness of your misconduct which 
resulted in your three NJP's, SCM and SPCM convictions, the fact that you were counseled and 
warned regarding the consequences offurther misconduct, referral ofcharges to a court-martial 
for a lengthy period ofUA, and your request for discharge. 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 Marine Corps when 
your request for discharge was granted and should not be permitted to change it now. 
Concerning your contention, you are advised that there is no provision oflaw or in Navy 
regulations that allows for recharacterization ofa discharge automatically or due solely to the 
passage oftime. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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 injustice. 

Sincerely, 

Executive Director