DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 10801-19              
Ref: Signature date 

This letter is in reference to your application of 4 October 2019 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 that 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 16 March 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 will all documents submitted, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 2 October 1972.  On 17 August 1973, you received non-judicial punishment (NJP) for possession of marijuana.  On 24 September 1973, you received NJP for being absent from your guard post and violating a lawful order. On 16 November 1974, you received NJP for dereliction of duty.  On 5 March 1975, you pleaded guilty and were convicted in a             criminal court of possession of marijuana and disorderly conduct.  Subsequently, administrative action was initiated to separate you from the naval service for frequent involvement with military or civilian authorities.  On 27 June 1975, you waived your right to consult with legal counsel and present your case to an administrative discharge board.  On 16 July 1975, your commanding officer (CO) recommended that you be discharged with an undesirable discharge.  On 22 July 1975, the staff judge advocate to the separation authority found your package legally sufficient and recommended approval of administrative separation with an undesirable discharge.  On 30 July 1975, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH characterization of service.  You received an OTH discharge on 8 August 1975.  On 17 November 1976, the Navy Discharge Review Board determined that no change, correction, or modification be made in your discharge. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your assertions that you were very young when you joined the Marine Corps, you got with the wrong crowd and “did things that were very bad.” The Board also considered your assertions that          was just ending, everybody was smoking and drinking, and you did not get punished the first couple of times and thought it was no big deal to the Marine Corps.  Finally, the Board considered your assertions that you did not get any help with your drinking or drug use, that you were simply punished and told to “do better,” and that you were emotionally unstable.   
 
However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in three NJPs and a civilian conviction.  The Board also noted that you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable 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 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. 
      
Sincerely, 

4/24/2020