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

Docket No: 1885-19 
Ref: Signature Date 

Dear  

This letter 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 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 11 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 on 26 June 1973. On 10 June 1974, you were granted a drug exemption for use of marijuana, LSD, heroin, and hashish.  On 12 June 1974 and 19 March 1975, you received two non-judicial punishments (NJP) for misconduct including unauthorized absence (UA) from guard duty, absence from your appointed place of duty, and a second UA for one day.  On 24 November 1975, civil authorities convicted you of common law robbery.  You were sentenced to “no less than seven no more than 10 years” in the State Department of Corrections.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to your civil conviction.  On 28 January 1976, an administrative discharge board (ADB) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to civil conviction.  Your commanding officer (CO) recommended an OTH discharge by reason of misconduct due to civil conviction.  The discharge authority approved this recommendation and, on 26 February 1976, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your post-service conduct and certificates, your desire to upgrade your discharge, and your contentions that your discharge was a result of being in a motorcycle accident, being struck in the head during a robbery, and your sister committing suicide.  The Board also noted your contentions that you would like to receive military honors when you die, you attended college, got married, fathered five children, became an ordained minister, and started a youth church ministry.  However, the Board concluded that the seriousness of your misconduct and civil conviction outweighed your desire to upgrade your discharge. 

In regard to your contention that your discharge was a result of being in a motorcycle accident, being struck in the head during a robbery, and your sister committing suicide, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. 

The Board also noted that the record contains documented evidence which is contrary to your contention.  The record demonstrates that on 24 November 1975, civil authorities convicted you of common law robbery and sentenced you to between seven and ten years confinement in the State Department of Corrections.  In regard to your contention that you would like to receive military honors when you die, the Board noted that whether or not you are eligible to be buried with full military honors is a matter under the cognizance of your local National Cemetery or your local cemetery, and you may contact the nearest office those entities concerning your right to apply for this benefit.  In regard to your contentions that you attended college, got married, fathered five children, became an ordained ministry, and started a youth church ministry since discharge, 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 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,