DEPARTMENT OF THE NAVY 

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

 Docket No: 9535-17 
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 27 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 and 
applicable statutes, regulations and policies. 

You enlisted in the Marine Corps and began a period of active duty on 20 August 1975. On 
4 March 1976, you received non-judicial punishment (NJP) for sleeping on post. On 18 June 
1976, you were convicted by summary court-martial (SCM) of an unauthorized absence totaling 
16 days. On 7 October 1976, you received NJP again for disrespect in language. Subsequently, 
you were notified of pending administrative separation for undesirable discharge by reason of 
unfitness due to frequent involvement of a discreditable nature with military authorities, at which 
time you elected your procedural right to consult with legal counsel but waived your right to 
present your case to an administrative discharge board (ADB). Your commanding officer (CO) 
recommended administrative discharge with an undesirable, other than honorable (OTH), 
character of service. The discharge authority approved this recommendation and directed 
discharge with an OTH character of service. On 13 December 1976, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge. The Board also considered your contentions that your discharge date is 
incorrect, there were no charges, no court martial, or no punishment prior to your discharge, 
there is not a reason why you should have received anything other than an honorable discharge, 
you served honorably and faithfully, your records will show that you were an exemplary Marine 
who served with dignity and honor, and your captain changed your discharge from honorable to 
other than honorable. The Board concluded that these factors were not sufficient to warrant 
relief given the seriousness of your repeated misconduct that included two NJPs and SCM. 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. 

In regard to your contention that your discharge date is incorrect, there is no evidence in your 
record and you presented none to support your contention. There is documented evidence that 
reflects your date as 13 December 1977. Additionally, there is no evidence in your record and 
you presented none to support your contention that your captain changed your character of 
service from honorable to OTH. In regard to your contention that there were no charges or 
punishment prior to your discharge, the Board noted that the record contains documented 
evidence which is contrary to your contention. 

It is regretted that 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 matters. New 
matters are those not previously presented to or 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, 

5/14/2019