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

Docket No: 8279-17 

MAY 14 2019 

Dear : 

This letter is in reference to your application for correction of your naval record pursuant to Title 
10, United States Code, Section 1552. After careful and conscientious consideration of the entire 
record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 7 
January 2019. 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 as well as applicable statutes, regulations 
and policies. 

You enlisted and began a period of active duty service in the Marine Corps on 9 January 1979. 
From 14 May 1979 to 4 June 1980, you received four non-judicial punishments (NJPs) for 
carrying a concealed weapon, communicating a threat, disobeying a lawful order, dereliction of 
duty, disrespect, offering violence toward an officer, and possession of marijuana. On 14 August 
1980, you were also convicted by civilian authorities of grand theft and sentenced to six months 
in jail. Subsequently, on 12 December 1980, the Marine Corps initiated administrative action to 
discharge you for misconduct. After being afforded all of your procedural rights, you waived 
your right to request your case be heard before an administrative discharge board. Your case 
was forwarded to the convening authority who, on 12 January 1981, directed that you receive an 
other than honorable (0TH) discharge due to your civilian conviction. The Marine Corps 
discharged you on 27 January 1981 with an 0TH characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your record of service, 
desire to upgrade yow-discharge, that you are totally disabled, cannot afford to pay for medicine, 
and you are trying to regain your health. Additionally, the Board considered that, during your 
service, you became totally dependent on drugs that have destroyed your life, that you are now 
homeless and need a place to live. While the Board is sympathetic to your circumstance, it 
ultimately concluded these factors were not sufficient to warrant a change to your 
characterization of service given your in-service misconduct, particularly the severity of your 
civilian conviction. 

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 of new matters. New 
matters are those not previously presented to or considered by the Board. In this regard, it is 
important to keep in mind that a presumption of regularity 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