DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 128-17 MAR 23 2018 Dear This is in reference to your application for corr!!ction ofyour naval record pursuant to "the provisions ofTitle 10, United States Code, Section 1552. 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. Consequently, your application has been denied. 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 three member panel ofthe Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2018. 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 of your 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 27 July 1967. You served for about five months without disciplinary incident, but during the period from 9 January 1968 to 1 April 1970, you received nonjudidal punishment (NJP) on four occasions and were convicted by summary ctmrt-martial (SCM) on two occasions. Your offenses were unauthorized absence (UA) from your unit for periods totaling 45 days, failure to go at the prescribed time to your appointed place ofduty, and failure to obey a lawful order. On 11 June 1970, you made a written request for discharge for the good ofihe service to avoid trial by court-martial for the pending charges offailure to go to your appointed place of duty, sitting down while on post, and leaving your post before being relieved. Prior to submitting this request you conferred with a qualified military lawyer at which time you were advised ofyour rights and warned ofthe probable adverse consequences ofaccepting such a discharge. Your request was granted and the commanding officer directed an other than honorable (OTH) discharge. On 9 July 1970, you were discharged under OTH conditions. The Board, in its review ofyour.entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that your discharge was not done in error nor injustice, that you believe the discharge may be a little harsh, you would like to leave a good legacy to your grandchildren, and that you have Parkinson's Disease. The Board considered clemency based on all your contentions, especially your contention about the hardship you suffered growing up which affected your discipline in the Marine Corps. The Board was also sympathetic to your current medical condition and your desire to leave a good legacy to your grandchildren. Unfortunately the Board concluded that your discharge did not warrant change because ofthe seriousness ofyour repeated misconduct that resulted in four NJPs and two SCMs. 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 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 ·an 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