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

Docket No: 0951-19               
Date: Ref Signature 

Dear 

This is in reference to your application of 13 December 2018 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 that 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 29 January 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, 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 their 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 service on 27 June 1974.  From 30 August 1974 to 11 December 1975 you received non-judicial punishment (NJP) on four occasions for the following offenses: five specifications of unauthorized absence (UA), and disobeying a non-commissioned officer (NCO).  You went on UA from 9 February 1976 to 11 February 1976.  On 27 February 1976, you were notified of an administrative action to separate you from the naval service for frequent involvement with military authorities, at which point, you waived your right to consult with counsel and your procedural rights.  On 2 March 1976, your commanding officer recommended your discharge by reason of frequent involvement with military authorities.  On 31 March 1976, your administrative separation proceedings were determined to be sufficient in law and fact.  On 6 April 1976, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-frequent involvement.  You were discharged on 20 April 1976. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention you were discharged unjustly, and your enlistment was a breach of contract.  The Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board concluded that the severity of your misconduct which resulted in four NJPs outweighed your current desire to upgrade your 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, 

2/9/2020