Docket No: 10789-18        
Date: Ref Signature 
  
Dear : 
 
This is in reference to your application of 23 October 2018 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 for Correction of Naval Records (Board) found that 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, sitting in executive session, considered your application on 4 December 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 1 November 1972.  On 12 March 1973, you received non-judicial punishment (NJP) for unauthorized absence (UA).  From the period beginning on 12 July 1973 to 31 May 1974 you were convicted at a special court-martial (SPCM) on three occasion for the following offenses: two specifications of UA, and larceny.  On 5 July 1974, you were notified of the initiation of an administrative action to separate you from the naval service for frequent involvement of a discreditable nature.  At that time you elected to consult with counsel and to have your case presented to an administrative discharge board (ADB).  On 29 August 1974, an ADB convened, and recommended that you be discharged, with an undesirable characterization of service for unfitness.  You were discharged on 30 October 1974, with an other than honorable (OTH) character of service for unfitness. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that the VA issued you a dishonorable discharge, and you were not issued a bad conduct discharge (BCD).  Please note, decisions reached by the Department of Veterans Affairs (VA) to determine if former service members rate certain VA benefits do not affect previous discharge decisions made by the Navy.  The criteria used by the VA in determining whether a former service member is eligible for benefits are different than that used by the Navy when determining a member’s discharge characterization.  The Board concluded that your discharge was appropriate based on the seriousness of the misconduct found by the ADB. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  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,