Docket No: 5975-19 
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 8 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 on 31 August 1974.  From 15 February 1975 to 1 April 1975, you were in the hands of civil authorities, and charged you with burglary.  On 2 June 1975, a summary court-martial convicted you of unauthorized absence (UA) totaling 72 days.  In July 1975, civil authorities convicted you of possession of a dangerous firearm as a result of the pending burglary charges.  During the period from 6 January 1976 to 28 July 1977, you received four non-judicial punishments (NJP) for four specifications of UA totaling 25 days.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement with military/civil authorities.  After you waived your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to frequent involvement with military/civil authorities.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 7 October 1977, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as the letter from Senator , your desire to upgrade your discharge, and your contention that you went UA because your former CO told you that you would be promoted to CPL and your CO at your new duty station did not honor the promotion.  In this regard, the Board concluded that the seriousness of your repeated misconduct outweighed your desire to upgrade your discharge. 
 
In regard to your contention that you went UA because your former CO told you that you would be promoted to CPL and your CO at your new duty station did not honor the promotion, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative discharge board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service.  The Board found no evidence of an error or injustice in your discharge that warrants an upgrade in the characterization of your service. 
 
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.