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

Docket No: 9363-17 
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 4 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.

You enlisted in the Marine Corps and began a period of service on 13 March 1975. From the 
period beginning 23 March 1976 to 26 April 1978, you were counseled on three occasions for 
the following reasons: not recommended for promotion due to lack of military bearing, 
unsatisfactory performance, and administrative separation if there was not marked improvement. 
From 4 June 1976 to 13 July 1978, you received non-judicial punishment (NJP) on five 
occasions for the following offenses: wrongful possession of marijuana, four specifications of 
unauthorized absence (UA), and breaking restriction. Additionally, you were convicted at a 
special court martial (SPCM) for UA and breaking restriction. On 17 July 1978, you were 
notified of administrative separation processing for frequent involvement of a discreditable 
nature with military authorities. On 17 July 1978, your commanding officer recommended a 
discharge with an other than honorable (OTH) characterization of service by reason of 
misconduct. On 4 August 1978, you received NJP for two specifications of UA. On 23 August 
1978, you received your seventh NJP for being UA from muster. On 25 October 1978, the 
discharge authority approved your discharge with an OTH character of service, subsequently on 
6 December 1978 you were discharged.

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your 
discharge based on your merit, and dedication to religion and recovery. The Board commends 
your accomplishments since your discharge. Notwithstanding, the Board concluded there is 
insufficient evidence to warrant relief in your case given your pattern of misconduct which 
resulted in seven NJPs and a SPCM. In this regard, the Board concluded the seriousness of your 
misconduct outweighed your desire to upgrade your discharge and other mitigating factors.

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,

4/18/2019

Executive Director