Docket No: 3930-19 
Ref: Signature Date 
 
 
 
 
Dear  
 
This is in reference to your application of 21 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 19 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. 
 
Regarding your request for a personal appearance, Board regulations state that personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose.  In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.    
 
You enlisted in the Marine Corps and began a period of active duty on 20 February 1956.  During the period from 7 January to 18 June 1957, you received four non-judicial punishments (NJP) for two specifications of disobeying a lawful order, unlawfully leaving your post without proper authority, two specifications of disorderly conduct, fighting, creating a disturbance, and unauthorized absence (UA) for one day.  You were also convicted by special court-martial (SPCM) of 20 days of UA and two specifications of disobeying a lawful order.  You were sentenced to confinement for four months and forfeiture of pay.  During confinement, you were charged with disobeying a lawful order and two specifications of failure to obey a written order.  

On 5 September 1957, you received a psychological evaluation which diagnosed you with an inadequate personality severe, emotionally unstable and passive aggressive with antisocial trends.  As a result, you were notified of an administrative action to separate you from the naval service for unfitness due to inability to adapt to military life. After waiving your rights, your Commanding Officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of unfitness due to inability to adapt to military life.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of unfitness.  On 8 November 1957, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your age, your desire to upgrade your discharge and contentions that you are 82 years old and would like your discharge upgraded for posterity and you do not feel that your misconduct warrants an OTH discharge.  In this regard, the Board concluded that seriousness of your misconduct outweighed your desire to upgrade your discharge. 
 
Regarding your contention that you are 82 years old and would like your discharge upgraded for posterity, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  Regarding your contention that you do not feel that your misconduct warrants an OTH discharge, the Board noted that your violations could have resulted in a year of confinement. 
 
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, 
6/15/2020