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

Docket No: 9057-18 
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 12 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps on 7 January 1975.  During the period from 25 September to 15 October 1975, you received three non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) totaling 13 days, willfully disobeying a lawful order, and failure to obey a lawful order.  On 16 January 1976, you were convicted by summary court-martial (SCM) of UA totaling 20 days.  On 15 April 1976, you were convicted by special court-martial (SPCM) of stealing an eight-track tape player and a citizen band radio.  You were sentenced to confinement for 60 days, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 10 November 1976, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contentions that you had a couple incidents while in the Marine Corps that resulted in you receiving an OTH discharge, you received the Good Conduct Medal (GCM), and you conducted yourself honorably while serving in the Marine Corps.  However, the Board concluded that the severity of your misconduct outweighed your desire upgrade your discharge. 
 
In regard to your contention that you had a couple incidents while in the Marine Corps that resulted in you receiving an OTH discharge, the Board noted that the record contains documented evidence that you received three NJPs, an SCM, and an SPCM prior to being discharged.  In regard to your contentions that you received the Good Conduct Medal (GCM) and conducted yourself honorably while serving in the Marine Corps, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment and no record was found of your receiving the GCM, only the date during which a period eligibility started. 
 
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.