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


Docket No: 9120-18 
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 17 December 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 20 January 1964.  During the period from 26 July 1965 to 22 February 1966, you received three non-judicial punishments (NJP) for five specifications of unauthorized absence (UA), totaling six days; failure to go to your appointed place of duty; and three specifications of breaking restrictions.  On 25 March 1968, you were convicted by a general court-martial (GCM) of nine specifications of UA totaling 414 days and escaping from lawful custody.  You were sentenced to forfeiture of pay and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 6 December 1968, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you served two tours in  and you are now 73 years old in need of NSC pension to supplement your low income.  However, the Board concluded that the severity of your misconduct and extensive periods of UA outweigh your desire to upgrade your discharge. 

In regard to your contention that you served two tours in , the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. 

In regard to your contention that you are now 73 years old and in need of an NSC pension to supplement your low income, whether or not you are eligible for pension benefits from the NSC is a matter under the cognizance of the NSC and you should contact the nearest NSC office concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the NSC. 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.