DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1390-17 JUN 2 0 2018 This is in reference to your application for correction of your naval record pursuant to the provisions ofTitle 10 of the 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 of probable 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 threemember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2018. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. You enlisted in the Marine Corps and began a period of active duty on 8 October 1968. On 18 August 1969, you received nonjudicial punishment (NJP) for 24 days of unauthorized absence (UA). On 10 October 1969, you were convicted by special court-martial (SPCM) of disobedience, use of disrespectful language, and biting a Marine on the arm. On 18 December 1969, you were counseled regarding your unsatisfactory performance of duties and attitude. On 12 January 1970, you received NJP for four days of UA. Based on a Navy Discharge Review Board review, on 26 January 1970, you were diagnosed as having "Possible Minimal Brain Damage Syndrome," chronic; moderately severe that existed prior to your entry into the service. You were found to be psychiatrically fit for duty, mentally competent and responsible for your action, but unsuitable for Marine Corps service. On 5 February 1970, you submitted a written request for an undesirable discharge for the good of the service in order to avoid trial by courtmartial for failing to go to your appointed place ofduty, disobedience and disrespect. Prior to submitting this request for discharge, you conferred with a qualified military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge. Subsequently, your request for discharge was granted and on 19 February 1970, you received an other than honorable discharge in lieu oftrial by court-martial. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties ofa punitive discharge and confinement at hard labor. You requested that the Board consider changing your characterization ofservice because you feel enough time has passed to have it changed, and to be eligible for Veteran's benefits. The Board concluded these factors were not sufficient to warrant recharacterization ofyour discharge given your misconduct, which resulted in two NJPs, SPCM conviction, the referral ofcharges to a court-martial and your request for discharge. The Board believed that considerable clemency was extended to you when your request for discharge was approved. 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director