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

Docket No: 4028-19                                     
Ref: Signature Date 

This is in reference to your application of 6 April 2018 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 30 October 2019.  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 1 August 1972.  During the period from 14 February 1974 to 10 April 1975, you received non-judicial punishment (NJP) on five occasions and were convicted by special court-martial (SPCM). Your offenses were unauthorized absence (UA) from your unit for periods totaling 181 days, failure to go to your appointed place of duty and failure to obey a lawful regulation.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to frequent involvement of a discreditable nature with military authorities.  After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB).  On 23 June 1975, the ADB recommended separation with an under other than honorable (OTH) characterization of service by reason of misconduct due to frequent involvement of a discreditable nature with military authorities.  The separation authority approved your discharge and directed an OTH characterization of service.  On 12 August 1975, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your contention that you served the punishment, completed your remaining duty with a clean record and received a good conduct medal.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in five NJPs an SPCM and periods of UA lasting more than six months.  About your contention, despite a service member’s prior record of service, multiple offenses can warrant, at a minimum, mandatory processing for an administrative separation, which usually results in an unfavorable characterization of discharge.  You stated that you received a good conduct medal, however, the notation on your Certificate of Discharge or Release from Active Duty (DD Form 214), does not show that you received a good conduct medal, but only states the starting date for the next period for the award.
  
Regarding your concern about eligibility for healthcare whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA), and you should contact the nearest office of VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA. 
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, 


11/18/2019