Docket No: 10705-19 
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  
7 October 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 22 May 1979.  On 28 April 1980, you were convicted by civilian authorities of burglary.  On 27 June 1980, you were convicted by special court-martial of an unauthorized absence totaling 113 days (19 December 1979 to 10 April 1980), and failure to obey a lawful order.  In sentencing, you were awarded confinement at hard labor, forfeiture of pay, and to be discharged with a bad conduct discharge (BCD).  Subsequently, your BCD was commuted to six months confinement at hard labor.   
 
On 16 April 1981, you were notified of pending administrative action to separate you from the Marine Corps because of misconduct due to civilian conviction.  On 20 April 1981, you were advised of, and exercised 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.  On 4 May 1981, your commanding officer (CO) recommended your separation from the Marine Corps with an other than honorable (OTH) discharge.  The separation authority approved your CO’s recommendation and directed you be separated from the naval service with an OTH characterization of service.  On 5 June 1981, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your assertion that you had been in trouble with the law when you were young and given the opportunity to serve your country.  You assert that after a couple of misunderstandings while in service, you have become wiser and recognize how to deal with problems that you may have not taken the time to think out previously.  After careful consideration of your assertions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.   
 
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,