Docket No: 3268-19 
Date: Ref Signature 


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 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 21 May 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active service on 14 July 1972.  On 21 May 1973, you were recommended for administrative separation by reason of unfitness.  From the period beginning on 16 February 1973 to 13 September 1973 you received non-judicial punishment (NJP) on four occasions for the following offenses: being disrespectful in language, willful disobedience of a lawful order, four specifications of failure to obey a lawful order, and being disrespectful in language to a superior NCO. On 28 September 1973, you were counseled regarding your substandard performance.  On 3 October 1973, an administrative discharge board (ADB) convened and recommended your retention in the naval service.  On 9 October 1973, you were assigned to a drug rehabilitation program.  On 17 October 1973, you were assigned to part II of the drug rehabilitation program.  On 29 November 1973, the commanding general concurred with the recommendation of the ADB and approved your retention in the naval service.  On 3 December 1973, you were notified of your recommendation for discharge due to your frequent involvement with military authorities.  On 18 December 1973, you were convicted at a summary court-martial (SCM) for two specifications for being absent from your appointed place of duty, disrespect towards a superior commissioned officer, and seven specifications of failure to obey a lawful order.  From 26 December 1973 to 19 March 1974 you received NJP on five occasions for the following offenses: disrespectful in language to a superior commissioned officer, disobedience of a lawful order, disobeying a written order, failure to obey a lawful order, two specifications of absence from your appointed place of duty, unauthorized absence (UA), and sleeping on post.  On 28 May 1974, you consulted counsel, and you submitted a written request for a good of the service (GOS) discharge in order to avoid trial by court-martial for the following charges: two specifications of failure to go to your appointed place of duty, disobeying a lawful order from a 2LT, six specifications of disobeying an order from a NCO, and sleeping while on fire watch.  On 12 June 1974, your GOS request for discharge was determined to be sufficient in law and fact.  On 13 June 1974, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service for the good of the service (GOS).  On 28 June 1974, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, such as your desire to upgrade your discharge.  The Board concluded the severity of your repeated misconduct outweighed your current desire to upgrade 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. 

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