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

 Docket No: 7040-18 

 Ref: Signature Date 

Dear 

This letter 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 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 
16 July 2019. 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 the Marine Corps on 20 August 1964. On 28 June 1965, you were convicted by 
special court-martial (SPCM) of wrongful appropriation of two wedding ring sets. Six months 
later, on 29 December 1965, you were convicted by a second SPCM of unauthorized absence 
(UA) for two hours and wrongful appropriation of two transistor radios. You sentenced included 
confinement for six months, forfeitures of pay, and to be discharged from the naval service with 
a bad conduct discharge (BCD). However, the BCD was suspended for six months. On 12 
August and 3 September 1966, you received two non-judicial punishments (NJP) for UA totaling 
12 hours, and absence from your appointed place of duty. On 3 October 1966, you were 
convicted by a third SPCM of disrespect to an non-commissioned officer (NCO) and breaking 
restriction. Your sentence included confinement for four months, reduction to E-1, and a BCD. 
This second BCD also was suspended for six months. On 6 July 1969, you received a third NJP 
for disobeying a lawful order. On 24 June 1969, you were convicted by a fourth SPCM of 
disrespect toward a commissioned officer and a NCO. On 12 August 1969, you were discharged 
with a general (under honorable conditions) (GEN) characterization of service due to expiration 
of your enlistment, and transferred to the Marine Corps Reserve. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire 
to upgrade your discharge. However, the Board concluded that your three NJPs and four SPCM 
convictions outweighed your desire to upgrade your discharge and clearly supports the 
separation authority’s decision to issue you a GEN 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.