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

Docket No: 8812-18                
Ref: Signature Date 

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 15 October 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You reenlisted in the Marine Corps on 6 June 1975.  During the period from 22 June 1976 to 21 August 1978, you received five non-judicial punishments (NJP) for three specifications of unauthorized absence totaling 21 days, disobeying a lawful order, disrespectful in language toward an NCO, and failure to go to appointed place of duty.  You were also convicted by summary court-martial (SCM) of breaking restriction and three specifications of disobeying a lawful order.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement with military authorities.  After you waived your rights, your commanding officer (CO) recommended a general under honorable conditions discharge by reason of misconduct due to frequent involvement with military authorities.  The discharge authority approved this recommendation and directed a general under honorable conditions discharge by reason of misconduct.  On 8 November 1978, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge as well as contentions that you were young, hanging with the wrong crowd, in a bad marriage, and are now an upstanding professional, father, and husband.  In this regard, the Board concluded that your repeat misconduct outweighed your mitigating factors and supports the decision to issue you a general discharge.  In regard to your contention that you were young hanging with the wrong crowd, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  Regarding you contention that you were in a bad marriage, the Board noted that there is no evidence in your record, and you submitted none beyond your statement, to support your contention.  In regard to your contention that you are now an upstanding professional, father and husband, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your 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, 

10/27/2019