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 24 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. 
 
You enlisted in United States Marine Corps (USMC) on 23 June 1972.  On 11 November 1972, you commenced a period of unauthorized absence (UA).  Your UA terminated after you were arrested by civilian authorities on 9 February 1973, and were subsequently returned to military control on 15 February 1973.  Following your return, you admitted to members of your chain of command that while you were UA you were involved in the using and selling of drugs, and that you supported your drug habit by hustling homosexuals in the downtown  area. 
 
On 28 February 1973, you were referred for a psychiatric evaluation.  The Medical Officer (MO) diagnosed you with severe an anti-social personality, which existed prior to entry into military service.  The MO further noted in his report that you were active in the sale and distribution of drugs prior to entering the Marine Corps.  The MO also noted that you admitted to mostly using heroin and that you also used barbiturates and cocaine from time to time.  You admitted to the MO that you have every intention of continuing your drug use because you like to get high.  The MO also noted that you had no intention of abiding by USMC regulations which appeared to be stupid to you, and that your plans for the future were centered on returning to Florida and becoming involved in drug trafficking again.  The MO recommended your swift administrative separation on the basis of your diagnosed character disorder. 
 
On 12 March 1973, your command initiated administrative discharge action by reason of unsuitability.  The factual basis for the separation was your diagnosed character and behavior disorder (anti-social personality).  On 13 March 1973, you expressly waived your rights in connection with the proposed separation.  In his endorsement to your administrative separation, your commanding officer recommended your separation with a general (under honorable conditions) (GEN) characterization of service.  Ultimately, on 27 March 1973 you were discharged from the Marine Corps with a GEN characterization of service and assigned an RE-4 reentry code. 
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that you went on a secret special operations mission and were not UA, and that you were discharged for a character and behavior disorder.  Unfortunately, the Board determined these mitigating factors and contentions were not sufficient to warrant upgrading your discharge or granting any other relief in your case.  The Board initially determined that your personality disorder was of sufficient severity that it rendered you unsuitable for continued military service and warranted your administrative separation.  The Board noted, contrary to your contention, that you were in a UA status during the entire time and not on any secret special operations duty.  The Board also noted that you admitted to your chain of command that you instead were involved in drug use and trafficking in  and not on any classified mission.  Additionally, absent a material error or injustice, the Board generally will not summarily upgrade a discharge solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  The Board determined that significant negative aspects of your conduct or performance outweighed any positive aspects of your military record, and that your overall service is not otherwise so meritorious to warrant a discharge upgrade.  The Board also observed that character of military service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations.  Your overall active duty trait average during your enlistment was 2.05 in conduct.  Marine Corps regulations in place at the time of your discharge required a minimum trait average of 4.0 in conduct (proper military behavior), for a fully honorable characterization of service.  The Board concluded that your conduct marks during your active duty career were a direct result of your misconduct.  Accordingly, the Board determined that even under the liberal consideration standard, your misconduct and your disregard for good order and discipline clearly merited your receipt of a GEN characterization of service and no higher. 
 
Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 
 
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,