DEPARTMENT OF THE NAVY 

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

Docket No: 9115-17 /1438-05 
Ref: Signature date 

Dear
 
This 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 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 6 February 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. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active duty on 30 May 1972. You 
served for two years and six months without disciplinary incident, but on 21 January 1975, you 
were convicted by special court-martial (SPCM) of unauthorized absence(UA) from your unit for 
periods totaling 125 days. On 12 June 1975, you made a written request for discharge for the 
good of the service to avoid trial by court-martial for two periods of UA from your unit totaling 
29 days, and assault. Prior to submitting this request, you conferred with a qualified military 
lawyer at which time you were advised of your rights and warned of the probable adverse 
consequences of accepting such a discharge. Your request was granted and the commanding 
officer directed your other than honorable (OTH) discharge. As a result of this action, you were 
spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge 
and confinement at hard labor. On 30 June 1975, you were discharged under OTH conditions. 

The Board carefully weighed all potentially mitigating factors, such as your post service conduct 
and your contention that you were told that your discharge would be upgraded to honorable six 
months after your discharge if you stayed out of trouble. The Board concluded these factors 
were not sufficient to warrant relief in your case because of the seriousness of your repeated 
misconduct that resulted in an SPCM, periods of UA totaling over five months and request for 
discharge. In regard to your contentions, there is no provision of law or in Navy regulations that 
allows for recharacterization of service due solely to the passage of time. The Board in it review 
discerned no impropriety or inequity in the discharge. 

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken again. 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 the absence of sufficient new matters for reconsideration, the decision of the Board 
is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of 
appropriate jurisdiction. 

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, 

5/15/2019 

Executive Director