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

Docket No: 8810-18   
Ref: Signature date 

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 27 November 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, applicable statutes, regulations, and policies 

You enlisted in the Marine Corps and began a period of active duty on 3 November 1969.  On 20 January 1970, you received non-judicial punishment (NJP) for failure to obey a lawful order.  Your service record reflects three separate periods of unauthorized absence (UA) from 2 November 1970 to 12 December 1970, 1 March 1971 to 23 April 1971, and 24 April 1971 to 28 April 1971, all for which you were apparently never processed.  On 23 September 1971, you were convicted by summary court-martial (SCM) of three specifications of UA for the periods from 17 July 1971 to 19 July 1971, 30 August 1971 to 3 September 1971, and 9 September 1971 to 14 September 1971.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to unfitness.  After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB).  On 15 November 1971, the ADB recommended separation with an other than honorable (OTH) characterization of service by reason of misconduct due to unfitness due to frequent involvement of a discreditable nature with military authorities.  The staff judge advocate found the proceedings sufficient in law and fact to support administrative discharge.  The separation authority approved your discharge and directed an OTH characterization of service.  On 12 January 1972, you were so discharged.  You subsequently petitioned the Naval Discharge Review Board (NDRB) to upgrade your discharge and, on 13 July 1979, the NDRB determined that your discharge was proper as issued and that no change was warranted. 

The Board carefully weighed all potentially mitigating factors in your case, such as your desire to upgrade your discharge.  The Board considered your contention that your discharge was inequitable.  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 NJP, a SCM conviction, and three excessive periods of unauthorized absence.  Regarding your contention, there is no evidence in the record, and you presented none, to support your contention that your discharge was inequitable.  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, 


1/8/2020