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

Docket No: 5739-18 
Ref: Signature Date

Dear	:

This letter 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 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 21 August 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, as well as applicable statutes, regulations, and policies.

You enlisted in the Marine Corps and began a period of active duty on 7 July 1972. From 26 July 1973 to 27 January 1976, you received nonjudicial punishment (NJP) on six occasions, and were convicted by a summary court-martial (SCM). Your misconduct included unauthorized absence (UA) from your unit for periods totaling 29 days, disrespect toward a noncommissioned officer, failure to obey a lawful order, and absences from your appointed place of duty. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to frequent involvement with civil or military authorities of a discreditable nature, at which time you waived your procedural rights, including your rights to present your case to an administrative discharge board (ADB). Your commanding officer recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to frequent involvement of a discreditable nature. The discharge authority approved this recommendation and directed separation under OTH conditions by reason of misconduct, and on 26 April 1976, you were so discharged.

The Board carefully weighed all potentially mitigating factors in your case, including your contention that actions were taken against you in the 1970s due to your race, which would not have happened if you had served in today’s Marine Corps. However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in six NJPs, a SCM conviction, and periods of UA totaling nearly a month. Further, you were given an opportunity to defend your actions before an ADB, but waived your procedural rights. Regarding your contentions, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. The Board noted that the frequency of your misconduct was too severe to excuse you from responsibility for your actions. The Board is not an investigating agency and does not have the resources to investigate allegations, for which you provided no evidence and which are unsubstantiated in your service record, regarding individuals and occurrences that happened more than 20 years ago. Accordingly, under the totality of the circumstances, the Board in its review discerned no probable material error or injustice in the discharge.

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,