Docket No: 5566-19 
Ref: Signature Date 
 
  
 
 
Dear Mr. : 
 
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 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  22 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 and applicable statutes, regulations and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 27 May 1970.  Between 20 May 1971 and  26 July 1972, you were convicted at five separate summary courts-martial (SCM) for a variety of offenses, including three specifications of failure to be at your appointed place of duty in violation of Article 86, Uniform Code of Military Justice (UCMJ); disrespect toward a superior noncommissioned officer in violation of Article 91, UCMJ; and two specifications each of dereliction of duty and failure to obey an order from a superior noncommissioned officer in violation of Article 92, UCMJ.  On 2 February 1973, you were convicted by a special court-martial (SPCM) for an unauthorized absence totaling 48 days and sentenced to receive a bad-conduct discharge (BCD) from the naval service in addition to other punishments.  The adjudged BCD was subsequently disapproved.  By memorandum dated 28 August 1973, you were notified of a pending administrative action to separate you from the naval service because of misconduct due to your frequent involvement of a discreditable nature with military authorities.  You were advised of and waived your procedural rights to consult with and be represented by military counsel and to present your case to an administrative discharge board (ADB).  Your commanding officer subsequently recommended your administrative discharge from the naval service under other than honorable (OTH) conditions, and the separation authority approved this recommendation.  On 4 September 1973, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  Specifically, the Board considered your contention that you are a  War veteran who served honorably while in , that you were exposed to Agent Orange, that you are suffering from Parkinson disease as a result, and that you cannot receive benefits that you are entitled to with an OTH discharge.  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 resulting in five SCM and one SPCM conviction.  Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 
 
In regard to your contention concerning your exposure to Agent Orange, you may wish to contact the nearest Department of Veterans Affairs (VA) office to determine if you are eligible for health care benefits.  If you have been denied benefits, you may be able to 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 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,