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

Docket No: 9398-17 
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 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.

You enlisted in the Marine Corps and began a period of active duty on 2 January 1975. During 
the period from 14 January 1975 to 7 July 1978, you received non-judicial punishment (NJP) on 
five occasions including five instances of disobeying or failing to obey a lawful order, disrespect 
on three different occasions, failure to go to your appointed place of duty, and wrongful 
possession and/or use of marijuana. On 19 February 1976 and 17 November 1977, you were 
convicted by special court-martial (SPCM) of three occasions of disobeying a lawful order, 
disrespect in language on two occasions, communicating a threat, unauthorized absence on two 
occasions totaling 8 days, and wrongfully using provoking words.

On 17 July 1978, you were notified of pending administrative separation action by reason of 
misconduct due to frequent involvement of a discreditable nature with military authorities, at 
which time you elected your procedural rights, to consult with counsel and to present your case to 
an administrative discharge board (ADB).  Your commanding officer recommended 
administrative discharge with an other than honorable (OTH) character of service. The ADB 
found that you committed misconduct and recommended you receive an other than honorable 
(OTH) character of service discharge. The discharge authority approved and directed an OTH 
character of service discharge and on 31 August 1978, you were discharged.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge. The Board considered your contentions that you encountered racism, you were 
injured in your bowels, you were attacked to the point you suffered a concussion when you were 
repeatedly punched in the head, and since your discharge you have succeeded in raising three 
wonderful daughters and two sons. The Board commends you for raising a wonderful family. In 
regard to your contentions of racism and violence as a result, the Board noted there is no 
evidence in your record and you present no additional evidence to support your contentions. The 
Board concluded that these factors and contentions were not sufficient to warrant relief given the 
seriousness of your repeated misconduct that resulted in five NJPs and two SPCMs. After a 
thorough review of the facts and circumstances unique to your case, the Board discerned no 
impropriety or inequity in the discharge action that would warrant a change in your 
characterization of service.

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,



4/29/2019
 



Executive Director