Docket No: 0065-19 
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 8 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, 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 and began a period of active duty on 6 June 1975.  On 3 December 1975, you were counseled and informed of the provisions and requirements for requesting a hardship discharge.  On 11 May 1976, you declined to request a hardship discharge and requested a humanitarian transfer to a location near your home of record.  On 2 June 1976, your request for humanitarian transfer was disapproved due to the fact it did not meet the requirements and was assessed as being for long-term moral support.  On 19 July 1976, you received non-judicial punishment (NJP) for two specifications of unauthorized absence (UA), and violation of a written order.  On 27 July 1976, you were discharged with a general (under honorable conditions) characterization of service pursuant to the Marine Corps expeditious discharge program.  At the time of your discharge you received a final mark of 3.8 in conduct. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contention that you went on UA due to your mother’s terminal illness.  Your characterization encompasses a review of your entire record, weighing significant positive 
and negative aspects of your overall service record.  The Board noted your final mark in conduct was 3.8, which was below the 4.0 required at the time of your separation for a fully honorable characterization of service.  The Board, in its review of your naval record, determined that you were assigned the appropriate characterization of service, and discerned no probable material error or injustice in the 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.