Docket No: 11037-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 14 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 on 23 February 1972.  During the period from 1 February 1973 to 31 January 1974, you received three non-judicial punishments (NJP) for three specifications of unauthorized absence (UA) totaling 34 days and failure to be at appointed place of duty.  On 1 August 1974, a special court-martial (SPCM) convicted you of UA totaling 170 days, willfully disobeying a lawful order from a commission officer, and assault on a commissioned officer.  You were sentenced to confinement for 90 days, forfeiture of pay, reduction to E-1, and a bad conduct discharge (BCD).  Thereafter, on 5 February, 1975, you signed a request to be granted excess leave without pay pending completion of appellate review of your SPCM conviction, and agreed to provide your commander with the option of terminating your appellate leave before the end of your obligated service, and grant you an administrative discharge at the Convenience of the Government.  You were in a UA status from 3 March 1975 to 21 February 1976, totaling 322 days.  Thereafter, you were administratively discharged from the Marine Corps with an Other Than Honorable Characterization of Service (OTH) on 10 March 1976.  
 
The Board carefully weighed all potentially mitigating factors, such as character letters, your desire to upgrade your discharge, and your contentions that: (a) you did not touch the officer and the officer came up behind you in the recreation room catching you off guard and startling you, which caused you to turn but not touching the officer; and (b) since discharge, you have been working to better yourself, became a hard worker, are punctual, volunteer your time, are respected in the community, and have become involved in the community efforts through the church by helping others in need.  In this regard, the Board concluded that the misconduct detailed in your record outweighed your desire upgrade your discharge. 
 
In regard to your contentions that you did not touch the officer and the officer came up behind you in the recreation room catching you off guard and startling you, which caused you to turn but not touching the officer, the Board noted that there is no evidence in your record, and you submitted none, to support these contentions.  Regarding your contentions that since discharge, you have been working to better yourself, became a hard worker, are punctual, volunteer your time, are respected in the community, and have become involved in the community efforts through the church by helping others in need, the Board noted that, while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your 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,