DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7023-17 MAR 07 Z019 Dear : This is in reference to your application for correction of your naval record pursuant to the provisions of title 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 of limitations and consider your application on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 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 submjtted in support thereof, relevant portions ofyour naval record, and applicable statutes, regulations, and policies. You enlisted in the U.S. Marine Corps and began a period of active service on 13 February 1964. On 15 September 1965, you were convicted at a special court-martial (SPCM) for a period of unauthorized absence (UA) totaling 29 days and failure to obey a lawful order. On 26 January 1966, you received NJP for a period of UA totaling 2 days. You began another period of UA on 5 June 1966, that ended with your surrender on 8 August 1966, a period of 64 days. On 14 October 1966, you were convicted at a SPCM for the aforementioned period of UA and missing movement. On 1 December 1966, you began another period of UA that terminated with your apprehension on 3 March 1967, a period of 92 days. On 27 April 1967, you were convicted at SPCM for the aforementioned period of UA. On 9 November 1967, you were notified of administrative discharge processing by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. You did not consult with counsel and waived your procedural rights. Your commanding officer recommended an under other than honorable (OTH) characterization of service. On 16 November 1967, the discharge authority directed an OTH discharge and on 29 November 1967, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, post service educational accomplishments, and contention that you were too immature to understand the consequences of your actions. While the Board commends you on your post-serve education, it concluded that these factors were not sufficient to warrant an upgrading to your discharge based on the seriousness of your misconduct, as evidenced by your repeated periods of UA, which resulted in one NJP, and three SPCMs. The Board in its review discerned no impropriety or inequity in your discharge. It is regretted that the circumstances of your 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 of probable material error or injustice. Sincerely, Executive Director