DEPARTMENT OF THE NAVY 

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

Docket No: 8335-16 

NOV 28 2017 

Dear 

This is in reference to your application for correction of your 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 24 October 2017. The names and votes ofthe members of the 
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. 

You enlisted in the Marine Corps on 29 March 1982. During the period from 10 June 1982 to 1 
July 1983, you received non-judicial punishments (NJP) on four occasions for Unauthorized 
Absence (UA) totaling six days, disobeying a lawful order, two specifications offailure to go to 
appointed place ofduty, and drunk and disorderly. On 2 November 1983, you submitted a 
written request for discharge for the good of the service (GOS) to avoid trial by court-martial for 
larceny. Prior to submitting this request, you conferred with a qualified military lawyer at which 
time you were advised ofyour rights, including your right to present your case to an 
Administrative Discharge Board, and warned ofthe probable adverse consequences ofaccepting 
such a discharge. On 10 November 1983, your request for GOS discharge was granted and you 
were discharged with an other than honorable (OTH) characterization ofservice. As a result of 
this action, you were spared the stigma of a court-martial conviction and the potential penalties 
of a punitive discharge and confinement at hard labor. 

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 post service conduct, 
your desire to upgrade your discharge, and contentions that you were young, immature, and 
made mistakes at the time ofyour discharge. However, the Board found that these factors were 
not sufficient to warrant relief in your case given your misconduct. In this regard, the Board 
concluded that your repeated misconduct outweighed your desire to upgrade your discharge. 
The Board noted that, while commendable, your post service conduct does not alter your conduct 
while enlisted in the Marine Corps, which led to your discharge and OTH characterization. 
Unfortunately, the Board concluded that you received the benefit ofyour bargain with the 
Marine Corps when your request for discharge was granted. 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