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

Docket No: 7927-19                                                            
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 3 February 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, would not materially add to their understanding of the issues involved.  Therefore, the Board determined 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 8 August 1974.  On 31 March 1975, you began a period of unauthorized absence (UA) that continued until 20 April 1975.  On 23 April 1975, you received nonjudicial punishment (NJP) for UA and were awarded forfeiture of pay.  On 24 September 1975, you were counseled that you were permanently disqualified for assignment to a reliability billet.  On 26 September 1975, you were charged with two specifications of insubordination, driving on base without a license, a vehicle pass, or insurance, possession of marijuana, and larceny of another Marine’s property.  On 20 October 1975, you began another period of UA that continued until on 12 November 1975.  On 23 November 1975, you requested a good of the service separation in lieu of trial by court­martial (GOS/SILT).  On 24 December 1975, you were separated with an other than honorable characterization of service. 

You request the Board upgrade your discharge to general (under honorable conditions). 

You assert you were told it would be in your best interests to request an undesirable discharge, as it would be upgraded to a general discharge after seven years, but this has not occurred yet.  You state:  “I wish to apply for VA benefits and they are affected by the status of discharge.” 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  The Board noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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, 


2/20/2020