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

Docket No: 3137-19 
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 21 April 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 28 November 1972.  On 24 July 1973, civil authorities apprehended you after being in an unauthorized absence (UA) status for 56 days.  On 9 August 1973, you were returned to military control.  On 6 September 1973, civil authorities apprehended you and charged you with unauthorized use of a vehicle.  On 24 September 1973, civil authorities convicted you of unauthorized use of a motor vehicle.  You were sentenced to confinement for two years.  On 13 October 1973, you escaped civil confinement and on 28 December 1973, you were apprehended.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to civil conviction.  After you waived your procedural rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to civil conviction.  The discharge authority approved this recommendation and directed your separation under other than honorable conditions by reason of misconduct.  On 17 June 1974, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and contentions that you served your country, did not do anything dishonorable, and were sent to prison without a military investigation.  In this regard, 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 you served your country, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contentions that you did not do anything dishonorable and went to prison without a military investigation, the Board noted that the record contains documented evidence, which is contrary to your contention.  The record shows that on 24 September 1973, civil authorities convicted you of unauthorized use of a motor vehicle and sentenced you to confinement for two years.  The Board also noted that after escaping from civil authorities and being recaptured, you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service. 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. 

Sincerely,