Docket No: 2537-19 
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 17 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. 
 
You enlisted in the Marine Corps on 17 March 1978.  During the period from 13 September 1978 to 4 April 1979, you received five non-judicial punishments (NJP) for three specifications of unauthorized absence (UA) totaling 34 hours, absence from appointed place of duty, and three specifications of violating a lawful general order.  On 20 April 1979, you were dis-enrolled from the Navy alcohol safety awareness program due to frequent absence and uncooperative behavior.  On 23 April 1979, you were convicted by summary court-martial (SCM) of willfully disobeying a lawful order, breaking restriction, and possession of marijuana.  On 25 May 1979, you received NJP for UA totaling 14 hours and 30 minutes and two specifications of violating a lawful general order.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement with military authorities.  After you waived your rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to frequent involvement with military authorities.  The separation authority approved this recommendation and directed your OTH discharge by reason of misconduct due to frequent involvement.  On 2 July 1979, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you were 18; made mistakes; and since discharge, you have lived a better life.  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 you were 18 and made mistakes, 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.  Regarding your contention that since discharge, you have lived a better life, 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.  The Board discerned no probable material error or injustice in your record that warrants an upgrade in the characterization of your service.  
 
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.