Docket No: 9179-19 
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  
9 October 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, and applicable statutes, regulations, policies.   
 
You enlisted in the Marine Corps on 15 September 1972.  On 6 February 1973, you received nonjudicial punishment (NJP) for leaving post and operating a government vehicle without proper authority.  On 27 August 1973, you received a second NJP for a two-day unauthorized absence (UA) and being disrespectful in language.  On 21 September 1973, you received a third NJP for a nine-day UA.  On 6 February 1974, you received a fourth NJP for a five-day UA.  On 22 May 1975, you were convicted by special court-martial for a UA period totaling 210 days.  You were sentenced to confinement, forfeiture, and a bad conduct discharge (BCD).  The convening authority suspended the BCD for nine months, and after the allotted time, the suspended BCD was remitted without further action.  On 12 December 1977, you were convicted by civilian authorities after pleading guilty to “assault to commit rape.”  Your record is incomplete in that it does not contain all the documents pertaining to your administrative discharge.  However, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears you elected an administrative discharge board (ADB), but your record does not contain any ADB documentation.  After the Staff Judge Advocate determined the administrative separation was sufficient in law and fact, the separation authority directed discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to pattern of misconduct.  On 25 January 1980, you received an OTH discharge. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your regret for your past actions.  The Board further considered your contentions that you were experiencing family problems and financial hardship which resulted in alcohol problems “due to stress, anxiety, and depression.”  The Board also considered your contention that you contributed to the Marine Corps and your country, “trying to succeed and go beyond what was asked of me” while “trying to overcome adversity, difficult obstacles, hardships, and having flashbacks of the tragic loss of my baby sister.”  Lastly, the Board considered your contended service-connected medical problems.  The Board noted you did not provide any post-service documentation or advocacy letters in support of your request for an upgraded characterization of service.  Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your extensive and repeated misconduct warranted an OTH characterization of service.   
 
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 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,