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

Docket No: 2358-19 
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, sitting in executive session, considered your application on 10 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 with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
You enlisted in the Marine Corps on 14 January 1972.  During the period from 5 October 1972 to 21 August 1973, you received four non-judicial punishments (NJP) for absence from appointed place of duty, larceny, unauthorized absence (UA) for 16 hours, willfully disobeying a lawful order, and disrespectful in language toward a commissioned officer.  You were also convicted by summary court-martial (SCM) of 15 days of UA.  Subsequently, you were notified of pending administrative separation action by reason of unfitness due to frequent involvement. 

You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to frequent involvement of a discreditable nature and recommended you be discharged with an other than honorable (OTH) characterization of service.  The discharge authority concurred with the ADB and directed an OTH discharge by reason of unfitness.  On 27 November 1973, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as character letters, post service conduct, your desire to upgrade your discharge, and your contentions that your discharge was unduly harsh and improper given your relative youth and immaturity and your discharge should be upgraded because of your longstanding good citizenship following your discharge.  In this regard, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge.
 
In regard to your contention that your discharge was unduly harsh and improper given your relative youth and immaturity, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  The Board also noted that you requested an ADB, which substantiated your misconduct due to frequent involvement and recommended you receive an OTH discharge.  Regarding your contention that your discharge should be upgraded because of your longstanding good citizenship following your 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,