Docket No: 5074-19 
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 duty in 1976.  On 19 January 1978, you received non-judicial punishment (NJP) for wrongful possession of marijuana and for having in your possession M-60 machinegun blanks without authority.  On 21 February 1978, you were convicted by summary court-martial (SCM) of failure to obey a lawful order issued by your commanding officer (CO).  On 19 July 1978, you received your second NJP for wrongful possession of marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to frequent involvement of a discreditable nature with military authorities.  You were advised of, and exercised, your procedural rights to consult with and be represented by military counsel and 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.  Prior to the CO’s recommendation you received your third NJP for absence from your appointed place of duty.  Your commanding officer concurred with the ADB’s recommendation.  The separation authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service by reason of misconduct.  On 1 December 1978, 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 contentions that you had some hurtful and unfortunate experiences of racism and discrimination that contributed to you becoming very stressed and depressed.  You assert that you are older and wiser now; you have learned that using substances was not the best decision.  You further contend that instead of receiving counseling or being reprimanded and having a chance to correct your actions like many others in your unit, you were discharged.  You are a 61-year-old veteran who served his country and made a mistake.  After careful consideration, 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 three NJPs and a SCM conviction.  In regard to your contention concerning racism and discrimination, there is no evidence in your record and you presented none to support your contention.  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,