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

Docket No: 8970-17 
Ref: Signature date

Dear	:

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, 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 18 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, and 
applicable statutes, regulations, and policies.

You enlisted and began a period of active duty on 31 March 1975.  During the period from
23 February to 15 August 1976, you received non-judicial punishment (NJP) on three occasions 
for two specification of failure to be at your appointed place of duty, three specifications of 
willful disobedience of an order from a superior officer, dereliction of duty, and violation of a 
general order. You were in an unauthorized absence (UA) status during the periods from
6 January to 7 April 1977, 26 to 27 April 1977, and 10 May 1977 to 11 January 1978. Your last 
period of UA was terminated with your apprehension by civilian authorities. On 12 January 
1978, you submitted a request for discharge to escape trial by court-martial for the 
aforementioned periods of UA. Prior to your request, you conferred with counsel at which time 
you were advised of your rights and warned of the probable adverse consequences of accepting 
such a discharge. In your request you stated that you were unable to adjust to military life and 
discipline, you have been causing the Marine Corps nothing but problems, and it's just too much 
hassle for you and your family. Subsequently, your request was approved on 18 January 1978, 
and on 19 January 1978, you were discharged with an under other than honorable conditions 
character of service.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge, contention that at the time of your discharge you were informed if you kept your 
nose out of trouble with the law your discharge could be upgraded, and that you do not have 
health insurance and would like to be able to go to the VA hospital. The Board determined there 
is insufficient evidence to warrant relief in your case given your repeated misconduct, multiple 
periods of UA, and subsequent request for discharge.  Additionally, there is no provision of law 
or in Navy regulations that automatically allows for recharacterization of service due solely to 
the passage of time. Lastly, the Department of Veterans Affairs (DVA) determines eligibility for 
post-service benefits, not the Board. You should contact the nearest DVA concerning your right 
to apply for benefits.

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 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,

4/5/2019

Executive Director


























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