Docket No: 5596-19 
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 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 16 February 1970.  On 6 July 1970, you commenced a period of unauthorized absence (UA).  During your period of UA, on 24 July 1970, you were convicted by civilian authorities of wrongful use of a motor vehicle without authority.  On 4 August 1970, you were returned to military authorities.  On 7 August 1970, you were convicted by summary court-martial (SCM) of an unauthorized absence for the period of 6 July 1970 to 4 August 1970.  On 31 October 1970, you again commenced a period of UA that concluded on 26 January 1971, totaling 87 days.  On 5 February 1971, you commenced another period of UA that concluded on 9 February 1971, totaling four days.  On 25 March 1971, you commenced an additional period of UA that concluded upon your apprehension by civilian authorities on 3 June 1971.  You were returned to military authorities and placed in confinement.  On 6 June 1971, you escaped confinement and were declared a deserter.  The record reflects that on 15 October 1971, you were apprehended by civilian authorities for being UA, and having civil charges pending against you.  On 8 November 1971, you were returned to military authorities and placed in confinement. 
 
On 15 November 1971, you were notified of pending administrative action to separate you from the naval service because of misconduct.  You were advised of, and waived your procedural right to be represented by military counsel, and your right to present your case to an administrative discharge board.  On the same day, your Commanding Officer (CO) recommended you for an Undesirable Discharge by reason of misconduct (i.e., your conviction by civil authorities) to the Commanding General (GC).  On 2 December 1971, the CG approved your CO’s recommendation.  On 10 December 1971, you were separated from the naval service with an Other Than Honorable characterization of service by reason of misconduct.   
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire upgrade your discharge.  The Board considered your contention that you were coerced into military service through intervention in your probation in the      court system.  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in a civilian conviction, a SCM conviction and multiple periods of UA.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 
 
The Board noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best opportunity to advocate for retention, or a more favorable characterization of 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,