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

Docket No: 5134-18

Ref:  Signature Date 

Dear Mr. 
 
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 for Correction of Naval Records (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, sitting in executive session, considered your application on 26 August 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 of this Board.  Documentary material considered by the Board consisted of your application, 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 28 August 1972.  On 4 June 1973, you received nonjudicial punishment (NJP) for failing to go to your appointed place of duty.  On 18 November 1973, civil authorities apprehended you, but for which offenses and their disposition were not found in the record.  On 21 March 1974, you were convicted be summary court-martial (SCM) of wrongfully possessing a pipe used for smoking marijuana.  During the period from 19 August 1974 to 5 December 1974, you received three nonjudicial punishments (NJPs) for three periods of unauthorized absence (UA) and disobeying a lawful order.  On 29 November 1974, again civil authorities apprehended you, but for which offenses and their disposition were not found in the record.  On 30 December 1974, you were counseled concerning your frequent involvement with military authorities and issued a “Formal notification of personal deficiencies” letter notifying you that you were found lacking in certain areas of personal behavior, aptitude, or attitude, which cast doubts as to the desirability of your retention in the Marine Corps.  On 1 October 1975, you received NJP for five days of UA.  On 2 December 1975, you were notified of administrative discharge action by reason of unsuitability due to apathy and defective attitude.  Your case was forwarded to the separation authority for disposition.  On 8 December 1975, your Battalion Chaplin submitted a letter regarding having several interviews with you.  He stated, in part, that he found that you not only had an overall deficient attitude which impaired your growth but also you had borderline character imperfections. It was opined that you could not function as an accepted Marine. You had been exposed to the best of patient leadership and you tried to conform, however, because of the basic inadequacies, the longer you remained in the Corps, the greater your jeopardy.  You commanding officer recommended that you receive a general (GEN) discharge.  On 2 January 1976, the separations authority directed that you receive a general discharge due to unsuitability.  You received your general discharge on 13 January 1976. 

The Board carefully weighed all potentially mitigating factors, such as your record of service, and your request to correct your discharge to honorable.  Although your application indicates related records may be available at Reno Nevada Veterans Regional Office, nothing was received by the Board. The Board concluded your mitigating factors were not sufficient to warrant recharacterization of your discharge given your misconduct which resulted in five NJPs, an SCM conviction, involvement with civil authorities, counseling warning, and the determination that you had a defective attitude. 

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,