Docket No: 5347-19 
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 15 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 on 30 November 1972. 
On 4 November 1974, you received non-judicial punishment (NJP) for six specifications of failure to be at your appointed place of duty at the time prescribed.  On 5 November 1975 and 3 December 1975, you were convicted by civilian authorities of breaking and entering, larceny, and felonious breaking and entering.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to civilian conviction.  You were advised of and elected your procedural right, 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.  Your commanding officer (CO) 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.  On 2 August 1976, 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 statement to include your assertion that there is not a day that goes by that you do not regret your actions, and you are disgusted with the poor judgement call on your part.  You knew better, not only because of your family core values but also from the Marine training you had been through, your foolishness cost you dearly.  After careful consideration, the Board commends you for your demonstration of remorse concerning your actions, however, concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in an NJP and two civilian convictions.  Accordingly, 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, 

9/8/2020

Executive Director