DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1330-19 
Ref: Signature Date 

Dear

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 Boards, sitting in executive session, considered your application on 19 February 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, as well as applicable statutes, regulations, and policies.

You enlisted in the Marine Corps and began a period of active duty on 22 August 1972.  During the period from 19 March 1973 to 18 March 1975, you received five non-judicial punishments (NJP) for failure to obey a lawful order, incapacitated for proper performance of duty on two occasions and unauthorized absence on two occasions, totaling 10 days.  On 30 October 1975, you were convicted by summary court-martial (SCM) of an unauthorized absence totaling four days.  On 11 January 1976, you were again convicted by SCM of an unauthorized absence totaling 29 days.  Subsequently, you were notified of an administrative action to separate you from the naval service.  You were advised of and waived your procedural right to consult with and be represented by military counsel; you elected your right to have your case presented to an administrative discharge board (ADB).  An ADB was convened and recommended administrative separation from the naval service with an other than honorable (OTH) characterization of service.  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an OTH characterization of service.  The discharge authority directed that you be separated with an OTH discharge.  On 22 March 1976, 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 contentions that you received a bad deal in 1976, that the military was handing out a lot of undesirable discharges, that it was unfair, that you had served three and a half years in the Marine Corps and only had five months to go, and that you did 30 days in the brig.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in five NJP’s and two SCM convictions.  In regard to your contention that you received a bad deal, there is no evidence in your record and you presented none to support your contention.  Under the totality of the circumstances, the Board determined there was no probable material error or injustice in the 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 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,