Docket No: 10932-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application of 19 November 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 3 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, 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 March 1972.  During the period from 23 October 1972 to 10 June 1974, you received seven non-judicial punishments (NJP) for three specifications of unauthorized absence (UA) totaling 21 days, three specifications of absence from your appointed place of duty, breaking restriction, and violation of a base order.  On 8 August 1974, you were convicted by summary court-martial (SCM) of 27 days of UA.  On 18 September 1974, you received NJP for absence from your appointed place of duty.  On 20 September 1974, you were notified of an administrative action to separate you from the naval service for unfitness due to frequent involvement with military authorities.  After you waived your rights, your commanding officer (CO) recommended discharge with an other than honorable (OTH) characterization of service by reason of unfitness due to frequent involvement with military authorities.  The discharge authority approved this recommendation and directed separation with an OTH characterization of service for unfitness.  On 23 October 1974, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including the character letter, your desire to upgrade your discharge and contentions that your discharge could have been an administrative discharge due to the reduction in force that was occurring at the time of your discharge and that other than the minor misconduct, your service was honest, faithful and meritorious.  In this regard, the Board concluded that the seriousness and frequency of your misconduct outweighed your desire to upgrade your discharge. 
 
Regarding your contentions that your discharge could have been an administrative discharge due to the reduction in force that was occurring at the time of your discharge, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. 
 
Regarding your contention that other than the minor misconduct, your service was honest, faithful and meritorious, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  The Board also noted that the record contains documented evidence, which is contrary to your contention.  The record shows that during the period from 23 October 1972 to 17 September 1974, you received eight NJPs and was convicted by a SCM. 
 
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.