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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 January 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.   
 
A review of your record shows that you entered active duty with the Marine Corps in July 1977.  On 31 January 1978, you commenced a series of unauthorized absences that culminated with your referral to a court-martial in March 1978.  You submitted a request to be discharged for the good of the service in lieu of trial by court-martial on 28 March 1978 that was approved on 31 March 1978.  After being medically cleared for discharge on 12 April 1978, you were discharged on 2 May 1978 pursuant to your request with an Other than Honorable characterization of service.   Post-discharge, it appears you have been imprisoned for the past 23 years. 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and a $150 month stipend from the Marine Corps.  You assert good behavior while in prison including sobriety and earning of multiple educational degrees.  You also argue that you suffer from mental health issues.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board determined you were ineligible for disability processing based on your misconduct processing.  So without determining whether you were unfit for naval service due to a disability condition, the Board concluded you did not qualify for a disability discharge.  While the Board commends you for your good behavior while imprisoned, they felt this was insufficient mitigation evidence to merit finding you unfit for continued naval service in 1978.  Second, the Board found no basis to issue you payment of $150 a month since you do not qualify for placement on any retirement list.  There is no statutory basis for granting a military stipend to a discharged servicemember.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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.