Docket No: 3584-19 
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 25 June 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 and began a period of active duty on 20 February 1975.  On 28 March 1975, you received non-judicial punishment (NJP) for disrespect in manner and deportment.  On 16 July 1975, you were counseled regarding your misconduct.  On 23 July 1975, you received NJP for refusal to obey a lawful order, resisting lawful apprehension, participating in a riot, wrongful use of provoking words, and assault.  On 15 September 1975, you were convicted at a special court-martial (SPCM).  You were sentenced to a reduction in rank, confinement, forfeiture of pay, and a bad conduct discharge (BCD) to be suspended for six months.  On 20 January 1976, you received NJP for disobeying a lawful order and failure to obey a lawful order.  On 26 January 1976, you were counseled regarding your conduct and performance.  On 27 January 1976, you received NJP for failure to obey a lawful order.  On 4 May 1976, the suspension of your BCD was vacated.  On 10 May 1976, your commanding officer referred you for a SPCM for unlawfully striking another Marine.  You went on unauthorized absence (UA) from 12 June 1976 until your apprehension by civil authorities on 28 October 1976.  You went on a second period of UA from 23 December 1976 until your surrender on 11 January 1977.  On 2 March 1977, you received NJP for UA from your appointed place of duty.  On 16 September 1977, you were discharged with an other than honorable characterization of service.  On 11 October 1977, the final appellate review disapproved the vacation of your suspended sentence.  On 18 January 1978, you received a general discharge by reason of convenience of the government (COG). 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and contention you were innocent of the charges against you.  The Board noted you did not provide evidence, and your record did not contain evidence, to support your contention.  Your characterization encompasses a review of your entire record, weighing significant positive and negative aspects of your overall service record.  The Board in its review of your naval record determined you were assigned the appropriate characterization of service, and discerned no error or injustice in the 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,