DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 7505-19                                     
Ref: Signature Date 

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 13 November 2019.  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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 5 November 1975.  You served for six months without disciplinary incident, but during the period from 13 May 1976 to 7 October 1981, you received nonjudicial punishment on two occasion, were convicted by special court-martial (SPCM) and convicted in civil court on three occasions.  Your offenses were unauthorized absence (UA) status from your unit for periods totaling 185 days, wrongful possession of a fake identification card, auto theft, possession of a deadly weapon, assault and battery on a police officer, as well as violating probation.  On 30 October 1981, you made a written request for discharge for the good of the service to avoid trial by court-martial for periods of UA totaling 1,316 days.  Prior to submitting this request, you conferred with a qualified military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge. Your request was granted and the commanding officer directed your other than honorable (OTH) discharge.  Because of this action, you were spared the stigma of a potential court-martial conviction, punitive discharge, and confinement at hard labor.  On 13 November 1981, you were discharged under OTH conditions. 

The Board carefully weighed all potentially mitigating factors, including your request to upgrade your discharge and your contentions that it is unjust not to receive medical benefits, housing, your are homeless, and it was your first and only offense.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in two NJPs, an SPCM, three civil convictions, periods of UA totaling over periods of UA totaling over four years, and your request for discharge. In regard to your contention, Board concluded that the severity of your misconduct, specifically your excessive UAs, outweighed your desires to upgrade your discharge.  The Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits.  You may contact the VA concerning your eligibility for benefits based on a limited period of honorable service.  The Board, in its review, discerned no material error or injustice in the 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, 


12/27/2019