Docket No: 10481-19 
Ref: Signature date 
 
 
Dear  
 
This letter is in reference to your application for correction of your naval record, filed 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 with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, the application has been denied.     
 
Although the 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 the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 26 August 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 the 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 19 December 1961.  On 29 May 1963, you received nonjudicial punishment for unauthorized absence.  On 2 November 1963, you were convicted by a summary court-martial for unauthorized absence.  Later that month, you received nonjudicial punishment for misbehaving toward a military sentry.  On 7 December 1963, you were convicted by another summary court-martial for unauthorized absence and failing to obey the lawful order of a company commander.  On 1 February 1964, you received nonjudicial punishment for losing government property through neglect.  Throughout the remainder of the year 1964, you were convicted by two more summary courts-martial (breaking restriction twice and unauthorized absence), and received nonjudicial punishment four more times (failures to obey lawful orders, failure to go to appointed place of duty).  In 1965, you received nonjudicial punishment twice, each time for reckless driving, and the second time also included driving without authority.  On 24 February 1965, you were issued notification that you were being processed for administrative discharge, and you waived your right to an administrative board.  On 2 April 1965, you were discharged with an other than honorable characterization of service.  On 16 November 2009, this Board denied a previous application to upgrade your discharge characterization.  Despite this prior application, the Board addresses your current application anew. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  In your petition, you contend that you have a drinking problem, and that the drinking problem mitigated or excused your misbehavior during your enlistment.  You state that you “always stood with your brothers,” and that you are now over age 70.  While sympathetic to your contentions and circumstances, the Board noted that the frequency of your misconduct, coupled with no evidence of the factors you suggest mitigated your behavior, the Board did not find evidence of any error or injustice that warrants upgrading your characterization of service. 
 
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,