DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490
              
Docket No: 10093-19 
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 2 September 2020.  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 and 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 issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 5 May 1980.  During the period from   June 1981 to  April 1982, you received non-judicial punishments (NJP) 4 times for wrongfully having illegal contraband with a positive identification of marijuana residue, 6 periods of unauthorized absence totaling 11 days, and 7 periods of absence from your appointed place of duty.  You were subsequently notified of pending administrative action to separate you from the naval service by reason of misconduct due to frequent involvement of a discreditable nature with military authorities.  You were advised of, and elected your procedural right to consult with military counsel.  After consulting with military counsel, you waived your right to present your case to an administrative discharge board.  Your commanding officer (CO) recommended that you be administratively discharged from the Marine Corps with an other than honorable (OTH) characterization of service.  The separation authority approved the CO’s recommendation and directed your OTH discharge by reason of misconduct due to frequent involvement of a discreditable nature with military authorities.  On 6 August 1982, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your terminal illness.  The Board considered your statement to include your contention that you were “railroaded out of the service” because you got a bunch of high-ranking officers in trouble.  You further contend that the “General” offered you a transfer so you may be discharged with a general characterization of service, and that your paperwork stated general (under honorable conditions).  However, the Board noted that there is no evidence in the record and you presented none to support your contentions.  Though the Board recognizes the serious nature of your illness, after careful consideration, the Board concluded that these factors were not sufficient to warrant relief in your case due to the seriousness of your repeated misconduct that resulted in four NJPs.  Unfortunately, under the totality of the circumstances, the Board 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 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,