Docket No: 6553-19 
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 20 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 3 January 1972.  On 17 January 1973, you were convicted at a Special Court-Martial (SPCM) of a violation of Article 86, of the Uniform Code of Military Justice (Unauthorized Absence (UA)).  On 13 June 1973, nonjudicial punishment (NJP) was imposed on you for another period of UA.  On 21 May 1973, you were granted a drug exemption after you admitted to using drugs repeatedly between July 1972, and May 1973.  On 8 August 1973, the Naval Drug Rehabilitation Center, , , determined that no further treatment was warranted or recommended in your case, and recommended discharge based on your lack of motivation to complete your enlistment.  Subsequently, on 28 August 1973, you were notified of administrative discharge processing based on alleged in service drug use.  You waived your rights, including your right to consult with counsel prior to making your decisions.  Your package was then forwarded to the Separation Authority (SA), and on 4 September 1973, the Staff Judge Advocate to the SA found the package legally sufficient.  On 10 September 1973, the SA directed your General discharge.  You were discharged from the Marine Corps on 20 September 1973, with a General discharge. 
 
You requested an upgrade of your discharge to an Honorable from a General discharge.  You stated that you went AWOL for less than two weeks and were given an ultimatum of a General Court-Martial or a General discharge.  You chose the General discharge.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given your misconduct, which resulted in NJP and an SPCM conviction.  The Board also noted that you waived your rights with regard to your administrative 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,