DEPARTMENT OF THE NAVY 

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

Docket No: 1609-17 
AUG 2 5 2018 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of Title 10, ofthe United States Code, Section 1552. 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. 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 ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 14 May 2018. 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 of this 
Board. Documentary material considered by the Board consisted ofyour 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 12 April 1971. On 
2 July 1971, you were convicted by summary court-martial (SCM) of 36 days ofunauthorized 
absence (UA). On 19 December 1971, you were apprehended by civil authorities on an 
outstanding warrant for malicious mischief. You were returned to military authorities on 
21December1971. During the period from 10 July 1972 to 27 August 1973, you received four 
nonjudicial punishments (NJPs) for UA, two instances of being absent from your-appointed place 
ofduty, two instances ofdisobedience, failure to go to your appointed place ofduty, and being 
out ofuniform. On 9 August 1974, you were convicted by special court-martial (SPCM) oftwo 
specifications ofwrongfully possessing and using marijuana. On 23 September 1974, you were 
convicted by SCM ofattempting to destroy investigative evidence, striking an officer on the arm, 
possession of marijuana, and gambling in the barracks. As a result ofyour misconduct, on 
23 September 1874, 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 authorities. You were notified ofpending administrative separation 
action and after being afforded all ofyour procedural rights, you elected to have your case heard 
before an administrative.discharge board (ADB). On 7 November 1974, an ADB found you had 
committed misconduct and recommend you received an OTH discharge due to unfitness. On 
25 November 1974, the separation authority concurred with the ADB's findings and 
recommendation, and directed your separation from the Marine Corps. You received an other 
than honorable (OTH} discharge on 12 December 1974. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, including your record ofservice, desire to have your discharge upgraded, and 
assertions that your SCM was unjust, you were innocent, and did not deserve an OTH discharge. 

The Board noted that you submitted no evidence to support your assertions. The Board found 
·that these factors were not sufficient to warrant an upgrade to your discharge given your 
misconduct, which resulted in four NJPs, two SCMs and conviction by SPCM. 

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 or other matter 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