DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                             
Docket No: 7677-18 
Ref:  Signature Date 
 
Dear : 
 
This is in reference to your application of 10 August 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 25 November 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 10 July 1979.  On 31 March and 14 April 1980, you received non-judicial punishment (NJP) for nine days of unauthorized absence (UA), being absent from your appointed place of duty, damaging government property, and three specifications of breaking restriction.  On 8 April 1981, you were convicted by special court-martial (SPCM) of two specifications of UA totaling 56 days.  On 17 April 1981, you were notified of an administrative action to separate you from the naval service due to frequent involvement with military authorities.  After given your procedural rights, you waived your right to consult with counsel and to present your case to an administrative discharge board.  Your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) characterization of service due to misconduct.  On 5 August 1981, the separation authority approved the recommendation and directed that you receive an OTH characterization of service.  On 3 September 1981, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service, desire to upgrade your discharge, that you feel you have paid your dues, and that you were in the brig for petty reasons.  The Board also considered your assertions that you went UA multiple times, were not being paid, so you destroyed some property and were placed in the brig.  You also assert that you was transferred, given leave, and weather prevented you from leaving home so you stayed and went to visit your girlfriend for 30 days.  You contend that you served your country well.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in two NJPs, and a SPCM conviction. 
 
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,