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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 August 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. 

A review of your record shows that you entered active duty with the Marine Corps in February 1977. You were absent without authorization from 21 July 1977 until 23 August 1977. Between October 1978 and December 1979, non-judicial punishment was imposed on your six times for unauthorized absence, orders violation, incapacitation for duty, and disrespect. Based on your history of misconduct, the Marine Corps administratively separated you on 26 December 1979 for misconduct with an Other than Honorable characterization of service. Post-discharge, you were denied Department of Veterans Affairs compensation and pension benefits due to your service characterization. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service. You assert that you were severely injured during your last year of active duty and could not perform to your potential. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded you were ineligible for disability processing due to your administrative separation for misconduct. Disability regulations specify that disability processing be superseded by misconduct processing. Based on your extensive history of misconduct, the Board concluded you were properly processed for misconduct by the Marine Corps. Second, the Board concluded your characterization of service remains appropriate. Based on your history of misconduct, the Board found that your reason for separation was based upon behavior or omission that constitutes a significant departure from the conduct expected of a Marine and qualified for an Other than Honorable characterization of service. While the Board considered your assertion that you were suffering from severe injuries while on active duty, they concluded that this provided no justification for your misconduct and offered limited mitigation in upgrading your characterization of service. Accordingly, the Board determined insufficient evidence of error or injustice exists to warrant a change to your record. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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 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.