DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8904-17 Ref: Signature date This is in reference to your application for correction of your naval record pursuant to Title 10 of the United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although you did not file your application 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 30 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 in the Marine Corps and began a period of active duty on 24 October 1973. During the period from 16 July 1974 to 18 December 1975 you received four nonjudicial punishments (NJP) for four specifications of unauthorized absence (UA) and three specifications of failure to obey a lawful order. On 23 February 1976, you were found guilty at a Special Court-Martial (SPCM) of willful disobedience of a superior commissioned officer and assault of a Marine corporal inflicting bodily harm to include a broken jaw and facial lacerations. You were sentenced to reduction in rank to E-1, forfeiture of seventy-five dollars pay per month for six months, confinement with hard labor for three months, and a bad conduct discharge (BCD). The confinement and BCD were suspended for six months. On 24 March and 13 September 1976, you received two additional NJPs for a total of four specifications of UA. On 18 May 1977, you were counseled that you were not recommended for reenlistment due to excessive NJPs and a SPCM. On 10 August 1977, you received a seventh NJP for UA. On 4 November 1977, you went UA and declared a deserter on 4 December1977. You were returned to Military authorities on 15 March 1987 and referred to a SPCM. While pending charges for UA, on 24 March 1978, you went UA again and were declared a deserter on 22 April 1978. On 1 December 2016, Headquarters, U.S. Marine Corps administratively reissued you a Certificate of Release or Discharge from Active Duty (DD Form 214). The DD Form 214 erroneously indicated your separation date as 4 November 1977. The Board carefully weighed all potentially mitigating factors, such as your contentions that: you felt compelled to go UA because it was your duty to care for your elderly father; you may have requested a hardship discharge; and you are remorseful therefore, the Board should consider awarding you an upgraded discharge so that you would be eligible for benefits for the segment of service you performed honorably. Additionally, you asserted wrongdoing regarding denial of an enlistment bonus. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct which resulted in seven NJPs and a SPMC. With respect to your contentions, you did not provide any information as to which of the twelve times you went UA was related to caring for your father, and there is nothing in your service record to indicate you ever requested, or were denied, a hardship discharge. With respect to your assertion that you were wrongfully denied an enlistment bonus, there is a Page 11 entry in your service record that reads: “the Combat Arms Enlistment Bonus Program has been explained to me, and I fully understand the program, I am not enlisting under the provisions of the program and I am not eligible for the payment of a Combat Arms Enlistment Bonus.” This Board did not supplant the Headquarters, U.S. Marine Corps to determine a proper date of discharge. You may request reissuances of a corrected DD Form 214 directly from the Headquarters, U.S. Marine Corps. Although the date included was erroneous, the Board found no material error or injustice in the characterization of service of the discharge. Regrettably, 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 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 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