DEPARTMENT OF THE NAVY 

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

Docket No: 8353-16 

NOV 01 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. 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 and began a period of active duty on 21 August 1973. During 
the period from 5 April 1974 to 6 February 1975, you received six nonjudicial punishments 
(NJPs) for disobeying a lawful order, three instances ofunauthorized absence (UA), 
communicating a threat, sleeping on post on two occasions,_ and being absent from your 
appointed place ofduty. Additionally, you were counseled regarding your unacceptable 
performance ofduty. On 14 May 1975, you were convicted by civil authorities offelonious 
breaking and entering. On 29 June 1975, you were convicted by summary court-martial (SCM) 
ofthree specifications of disobeying a lawful order. As a result ofyour misconduct, 
administrative discharge action was initiated and it was recommended that you receive an 
undesirable discharge (UD) by reason ofunfitness due to your frequent involvement with 
military and civil authorities. You were notified ofpending administrative separation action and 
after being afforded all ofyour procedural rights, it was directed that you receive an UD 
discharged due to unfitness. You received an other than honorable discharge on 6 April 1976. 

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, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your record ofservice and desire to upgrade your characterization of 
service. The Board concluded these factors were not sufficient to warrant recharacterization of 
your discharge given your misconduct that resulted in six NJP's, the fact that you were counseled 
regarding your unacceptable performance of duty, your civil conviction of a very serious offense 
and your conviction by SCM. Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action caunot 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 of probable material error or injustice. 

Sincerely, 


Executive Director