Docket No: 5072-19 
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 1 July 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 service on 30 April 1969.  On 9 May 1972, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 17 November 1972, you received NJP for UA from your place of duty.  You were counseled on 17 November 1972 and 20 November 1972 regarding your misconduct.  On 4 January 1973, you pled guilty, and subsequently, you were convicted in civil court of possession of marijuana.  On 1 February 1973, your commanding officer recommended your discharge with a general characterization of service by reason of misconduct-civil conviction.  On 26 February 1973, you were notified of the initiation of administrative separation proceedings by reason of misconduct-civil conviction.  On 12 March 1973, an administrative discharge board (ADB) convened and recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-civil conviction.  On 30 March 1973, your administrative separation proceedings were determined to be sufficient in law and fact.  On 4 April 1973, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-civil conviction, and you were discharged on 11 April 1973. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions of service in , regret for your mistake, and your positive post-service conduct.  The Board also considered your contentions that most of your time in the Marine Corps, your record was spotless; you made one stupid mistake, which you regret; and you have been paying for this mistake for the past 47 years.  The Board further considered that  took its toll on you, and that you were not offered much help for your invisible wounds.  The Board commends your service in  and post-service conduct.  The Board also reviewed the materials and certificates that you submitted with your application.  The Board noted you received a civil conviction during your enlistment.  Members of the armed services are subject to conviction by civil authorities and, if such action is taken, may be discharged.  The Board concluded that your discharge was appropriate based your misconduct. 
 
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,