Docket No: 7389-19            
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 relevant portions of your naval record and your application, 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 17 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, 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 its 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 14 August 1968.  Your service record indicates that on 17 October 1968, you were found to be suffering from an acute upper respiratory infection that was incurred in the line of duty, not due to your own misconduct.  On 13 December 1968, your medical record indicates that you were found not to be mature enough to handle direct combat stress.  The partial medical record that you provided with your application indicates that you were suffering from “anxiety under stress.”   
 
In March 1969, you started a period of unauthorized absence.  You were apprehended by civilian authorities in April 1969.  Administrative Remarks dated 9 June 1969, reflect that you were tried and convicted in for transporting a stolen motor vehicle in foreign commerce.  You were sentenced to imprisonment for a period of 30 months.  On 1 July 1969, you were notified of administrative discharge due to civilian conviction.  You were discharged from the Marine Corps on 21 October 1969, and received an other than honorable (OTH) discharge and a reentry (RE) code of RE-4. 
 
In your application for correction, you ask that block 26 of your Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to change your dates of absence without authorization, which currently reads 18 March 1969 to 21 October 1969.  You assert the period of absence is incorrect based on “a letter from Department Of The Navy on 20 Aug 69 by directions of The Commandant Of The Marine Corps show that [you] had no AWOL,” and you were “on leave until confined by civil authorities.”  You also ask that your OTH discharge be upgraded as a matter of clemency.  You further contend your discharge was related to mental health conditions that occurred while in the Marine Corps and that you were treated in  for pneumonia and mental stress.  You provide a copy of the full and unconditional pardon from dated 6 November 1978, for your conviction before the.  Additionally, you provide a personal statement regarding your personal background before your enlistment and note that you were in the 10th grade of high school when you quit to help your single mother and three siblings.  You state that you were hospitalized for pneumonia and acute respiratory disease in the Marine Corps.  Later in your Marine Corps service, when you were in , on leave, you and a friend drove to o.  After a night of drinking, your friend wanted to remain with his girlfriend so you drove the vehicle back to .  At the border, you were questioned by Customs and arrested for a stolen vehicle.  You assert that you were not absent without authorization from the Marine Corps; and that you were confined for a crime for which you were not guilty.  You state that you did not know the vehicle was stolen, your friend disappeared, and being uneducated and with no knowledge of the laws and justice system, you were sentenced to  at a .  You state that your discharge was unjust, erroneous, and related other mental health conditions which occurred while you were in the Marine Corps.  You ask for clemency, and contend that your post-service conduct and contributions merit an upgrade or correction.  In support of your request, you provide character letters as well as proof of your educational achievements at. 
 
The Board noted that your application for correction raises a potential issue of a mental health condition during your military service.  In a communication dated 11 September 2019, you were asked to provide additional medical or clinical evidence to support your claim.  When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including the information you provided in support of your request, your statement that you were unaware the vehicle was stolen, and the Presidential Pardon.  The Board also noted that you appear to have been experiencing anxiety while you were serving in the Marine Corps.  With regard to your contention that based on a letter from Department of the Navy on 20 Aug 1969, by direction of The Commandant of The Marine Corps, you had no AWOL, the board noted that the referenced letter is not contained in your available records, and you did not provide a copy of the letter.  As such, even taking into account the circumstances surrounding your arrest and confinement in , and your documented instance of anxiety and challenges with stress, the Board found that your record accurately reflects your unauthorized absences from your appointed place of duty due to confinement by civilian authorities.  Even in consideration of the Presidential Pardon and your contention that you were unaware your vehicle was stolen, the Board found that your administrative discharge was properly executed.  Your record indicates that you were properly notified of the basis for the discharge and that you were convicted by a civilian court, which supported the assignment of an OTH discharge characterization.  The Board concluded that your discharge characterization and the time lost on your DD Form 214 are neither erroneous nor unjust, and do not merit corrective action. 
 
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,