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

Docket No: 1454-19               
Date: Ref Signature 

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 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 service on 16 May 1961.  From the period beginning on 21 December 1961 to 24 January 1963 you received non-judicial punishment (NJP) on four occasions for the following offenses: failure to obey a lawful order and three specifications of absence from your appointed place of duty.  On 14 February 1963, you were convicted at a summary court-martial (SCM) for two specifications of violation of a lawful general regulation.  On 12 June 1963, you received NJP for unauthorized absence (UA).  

On 20 January 1964, you were convicted in the U. S.            Court in               for intent to commit larceny, theft of government property, and illegal possession of government property.  On 6 March 1964, you were notified of the recommendation that you receive an undesirable discharge by reason of misconduct.  On 11 March 1964, the discharge authority approved and directed your discharge.  You were discharged on 18 March 1964 with an other than honorable (OTH) characterization of service by reason of misconduct. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you are in need of assistance from the Department of Veterans Affairs.  The Board concluded that the severity of your misconduct, which resulted in five NJPs, one SCM, and a civil conviction, outweighed your current desire to upgrade your discharge.  The Board, in its review, discerned no probable material error or injustice in the discharge. 

There is no requirement in law or in Navy regulations that grants an upgrade in the characterization of service solely on the issue of obtaining veterans benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the Board.  You should contact the nearest office of the VA concerning your right to apply for benefits. 

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, 

3/20/2020