DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6157-18 Ref: Signature Date Dear 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 22 July 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 husband’s naval record, as well as applicable statutes, regulations, and policies. Your husband enlisted in the Marine Corps and began a period of active duty on 28 December 1967. On 2 March and 20 April 1970, he was convicted by summary court-martial (SCM) of two specifications of breaking restriction, and three specifications of unauthorized absence (UA) totaling 33 days. On 1 May 1970, he received nonjudicial punishment (NJP) for breaking restriction. He then was UA for 160 days. On 9 February 1971, he submitted a written request for an undesirable discharge for the good of the service in order to avoid trial by court-martial for UA and disobeying a lawful order. The separation authority approved his request and directed that he receive an other than honorable (OTH) discharge. He was so discharged on 5 March 1971. You requested that the Board change your husband’s characterization of service stating, in part, that your husband was a selfless, brave and giving man who was young and needed to care for his mother. He served his country with honor and dignity as a member of the Marine Corps, served in Vietnam, extended his tour, and was wounded in action, receiving the Navy Commendation and Navy Achievement Medal with Combat V. Additionally, you found a letter that he wrote regarding him approaching his commanding officer requesting leave because his mother had a stroke and was incapable of caring for herself, and the reply he received from his sergeant was that the Corps was more important than his mother. At the time, his mother was indigent, had no one else to care for her, and your husband had to make a decision. Additionally, you state that it was only several years ago that you learned of his discharge status, after requesting a replacement for his Purple Heart medal from the Marine Corps. Unfortunately, The Board concluded these factors were not sufficient to warrant recharacterization of your husband’s discharge given his misconduct, which resulted in two SCM convictions, NJP, and his request for discharge. The Board believed that considerable clemency was extended to him when his request for discharge was approved and he was spared a third court-martial. With regard to your husband’s service in , the Board found that, after a through review of all available records, and his Armed Forces of the United States Report of Transfer or Discharge (DD 214), although he participated in several operations, it appears he was not awarded the Purple Heart medal. There is a non-hostile report of casualties that states he may have had possible pneumonia and malaria. 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.