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

Docket No: 3824-19 
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 Boards, 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, 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 2 November 1972. During the period from 5 January 1973 to 3 June 1974, you received four non-judicial punishments (NJP) for two assaults, disrespect in language, and violation of a lawful order.  On 12 February 1974 and in March 1974, you were convicted by civilian authorities of illegal possession of a weapon and public intoxication.  On 6 November 1974, you were informed that you were not recommended for reenlistment due to your frequent involvement with military and civilian authorities. 

On 4 June 1975, you were apprehended and confined by civilian authorities for driving while intoxicated (DWI).  While you were in custody, you were involved in an altercation with your cellmate who subsequently died.  On 5 June 1975, you were charged with second-degree murder by civilian authorities.  In addition, on 5 June 1975, you were convicted by civilian authorities of DWI.  On 5 May 1976, you were convicted by civilian authorities of second-degree murder and received a sentence of life imprisonment. 

On 6 October 1976, you were notified of pending administrative action to separate you from the naval service.  After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB).  An ADB was convened and found that you committed misconduct and recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  Subsequently, the separation authority directed your administrative discharge from the naval service with an OTH characterization of service.  On 11 November 1977, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your statement to include your contentions that the Marine Corps failed to intervene and address your alcohol abuse issues.  You assert that your proficiency and conduct marks reflect honorable service; and just as you owed a duty to your country to provide honorable service, in like fashion, the Marine Corps owed a duty to you as a very young Marine to provide adequate training and assistance to ensure your success.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in four NJPs and four civilian convictions. 

In regard to your contention concerning alcohol abuse issues, if alcohol abuse existed at the time of your service, such abuse does not excuse your misconduct or responsibility for your actions.  In regards to your contention concerning your proficiency and conduct marks, although you received marks that would qualify for an honorable characterization of service, you were administratively discharged from the naval service due to the frequency and seriousness of your misconduct.  Accordingly, under the totality of the circumstances, the Board discerned no probable material 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,