DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3356-19 Ref: Signature Date This is in reference to your application of 7 March 2019 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 7 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 24 September 1963. On 3 February 1965, a summary court-martial (SCM) convicted you of disorderly conduct, absence from your appointed place of duty, and disobeying a lawful order. On 13 January 1966 and 4 November 1966, you received non-judicial punishments (NJP) for failure to obey a lawful order, conduct unbecoming, damage to government property, drunk and disorderly conduct, and two specifications of unauthorized absence (UA) totaling three days, one hour, and 30 minutes. On 29 December 1966, you were convicted by special court-martial (SPCM) of being disrespectful in language to a non-commission officer (NCO), destruction of government property, two specifications of assault, and breaking restriction. You were sentenced to confinement for five months, reduction to E-1, forfeiture of pay, and a bad conduct discharge (BCD). The convening authority suspended the BCD for six months. On 21 May 1967, you were convicted by SPCM of three specifications of absence from appointed place of duty, disobeying a lawful order, and two specifications of breaking restrictions. You were sentenced to confinement for six months, forfeiture of pay, and a BCD. After the BCD was approved at all levels of review, on 13 December 1967, you were discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contentions that you were drinking heavy to deal with the issues after serving in , your CO told you that you could sign yourself out of jail, separate from the Marine Corps, and go home. The Board also noted your contention that it was not explained to you how an OTH discharge would affect you, your discharge deserves an upgrade because the Marine Corps did not help or handle your drinking situation, and you participated in the Alcoholic Treatment Center in 1979 for six weeks. Unfortunately, the Board disagreed with your rationale for relief. In examining your record of misconduct, the Board felt that your BCD was based on multiple incidents of serious misconduct. Regarding your contentions that you were drinking heavy to deal with the issues after serving in , your CO told you that you could sign yourself out of jail, separate from the Marine Corps, and go home, and the Marine Corps did not help or handle your drinking situation. The Board noted that there is no evidence in your record that you were suffering from an alcohol problem while serving in the Marine Corps. Regarding your contention that it was not explained to you how an OTH discharge would affect you, the Board noted that the record contains documented evidence which is contrary to your contention. The record shows that on 22 August 1967, you received a psychiatric evaluation, which stated that you were aware of the problems you were going to face in civilian life after receiving a BCD. The Board commends you for your successful participation in the Alcoholic Treatment Center in 1979 for six weeks, however, your post service conduct does not fully mitigate 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, 5/29/2020