DEPARTMENT OF THE NAVY 

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

Docket No: 1298-18 
JUL 30 2018 

Dear 


This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of Title 10, ofthe 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 ofprobable 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 threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 1 May 2018. 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 ofthis 
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 Reserve on 20 November 1974, and began active duty on 
2 January 1975. On 20 November 1975, you received non-judicial punishment (NJP) for a period 
of unauthorized absence (UA). On 3 January 1976 you were charged by civilian authorities with 
marijuana possession. On 26 January 1976, you received NJP for a period ofUA. On 27 April 
1976, after consulting with counsel, you requested an under other than honorable (OTH) 
conditions discharge for the good ofthe service in lieu oftrial by court-martial for multiple drug 
related offenses. On 3 May 1976, the discharge was approved and you were discharged with an 
OTH character of service on .7 May 1976. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and contention that the Department ofVeterans Affairs (DVA) determined that 
your service was honorable. Additionally, you request a correction to your date ofentry on your 
Report of Separation from Active Duty (DD Form 214). The Board found that these factors 
were not sufficient to warrant relief in your case given the severity ofyour misconduct 
outweighed your desire to upgrade your discharge. The Board believed that considerable 
clemency was extended to you when your request for discharge to avoid trial by court-martial 
was approved. Additionally, character of service determinations made by the DVA for their 
purposes do not affect previous discharge decisions made by the Navy. Lastly, in regard to your 
request that your date ofentry should be adjusted on your DD Form 214, the DD Form 214 
provides a brief, clear-cut record of a period or term ofactive military service. Although you 
enlisted on 20 November 1974, you did not begin active duty until 2 January 1975. Therefore, 
your DD Form 214 is correct and no change is warranted. 

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 ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director