Docket No: 6261-19 
Date: Ref Signature 

 
Dear  : 
 
This is in reference to your application of 11 February 2019 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 19 August 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, 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 6 December 1973.  From the period beginning on 13 June 1974 to 27 September 1974 you received non-judicial punishment (NJP) on four occasions for the following offenses: two specifications of failure to obey a lawful order, wrongful use of reproachful words, and absent from appointed place of duty.  On 21 November 1974, you received a special court martial conviction (SPCM) for absent from appointed place of duty.  On 20 January 1975, you were assigned to alcohol counseling program.  On 24 June 1975, you were counseled regarding your misconduct, and notified further deficiencies may result in the initiation of administrative separation proceedings.  On 5 May 1975, you were convicted at a summary court martial (SCM) for two specifications of unauthorized absence (UA), failure to obey a lawful order, wrongful appropriation of a vehicle-property of the US Government, and wrongfully communicated a threat.  On 27 June 1975, you received NJP for wrongful appropriation of motor vehicles.  On 4 August 1975, you consulted with counsel, and submitted a request for discharge for the good of the service to avoid trial by court-martial for the following charges: UA, failure to obey a lawful order, and three specifications of disobeying a lawful order.  On 5 August 1975, your commanding officer recommended approval of your request for discharge for good of the service.  On 7 August 1975, your request for discharge for good of the service was determined to be sufficient in law and fact.  On 8 August 1975, the discharge authority approved and directed your discharge and you were discharged with an other than honorable (OTH) characterization of service for the good of the service. 
 
The Board carefully weighed all potentially mitigating factors in your case, such as your desire to upgrade your discharge to receive veteran’s benefits.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  The Board also considered that you would like to receive veterans benefits, but notes that the agency that determines your eligibility for benefits is your local, state, or federal department of veterans’ affairs.   
 
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,