DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 7031-14
5 August 2015
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This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
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 for Correction of Naval Records,
sitting in executive session, considered your application on
23 June 2015. 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, your naval record, and applicable statutes,
regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps, began a period of active duty
on 3 October 1972, and served without disciplinary incident for
about a year and two months. However, on 18 December 1973, you
began a 167-day period of unauthorized absence (UA) until you
were apprehended and returned to military authority on
14 June 1974. Upon return to military authority, you were place
on restriction for an indefinite period of time in lieu of
arrest. During the period from 28 March to 25 May 1975, you
received inpatient treatment at the Alcohol Rehabilitation
Center (ARC) in Jacksonville, Florida. On 13 November 1975, you
received nonjudicial punishment (NJP) for a 13-day period of UA.
On 24 January 1977, you were formally counseled for being
Subsequently, you consented to release from active duty and
transferred to the Marine Corps Reserve on 14 March LOAT,
earlier than your end of active service date of 9 April 1977.
You were notified that, at the end of your obligated service,
you would receive a general discharge due to a low proficiency
and conduct final average, and on 29 March 1979, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your discharge.
The Board also considered your assertion that the discharge is
Supposed to become honorable after six months and that
Department of Veterans Affairs (DVA) records show that you have
an honorable discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given the extended period of UA and subsequent
apprehension as well as the seriousness of your misconduct which
resulted in NUP for an additional period of UA. With regard to
your assertion, you are advised that there is no provision in
law or regulations that allows for recharacterization
automatically after six months or due solely to the passage of
time. Finally, there is no evidence in the record, and you
submitted none, that you were issued an honorable discharge.
Accordingly, your application has been denied.
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 and
material evidence within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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.
Sinceyely,
ROBERT J. O’NEIL
Executive Director
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