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

Docket No: 117-20              
Ref: Signature date 

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 the evidence with respect to your request to upgrade your characterization of service 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 30 April 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 19 January 1960.  On 14 September 1960, you received nonjudicial punishment for resisting apprehension and being disorderly in uniform in a public place.  On 20 February 1961, you received nonjudicial punishment for unauthorized absence. On 17 March 1961, you again received nonjudicial punishment again for unauthorized absence. In January 1962, you received nonjudicial punishment for lifting your weapon in a threatening manner to a senior noncommissioned officer, and later in the month you were convicted by a summary court-martial for unauthorized absence.  On 25 September 1963, you were convicted by a special court-martial for unlawfully possessing and partaking of an alcoholic beverage.  On 14 March 1963, you received nonjudicial punishment for being incapacitated for duty as a result of previous indulgence.  You then received nonjudicial punishment for drunk and disorderly conduct on 8 July 1963.  Your commanding officer informed you that you were not recommended for reenlistment due to your frequent involvement of a discreditable nature with military authorities.  You made it to the expiration of your enlistment, and on 22 January 1964, upon transfer to the Marine Corps Reserve, you received a general (under honorable conditions) character of service.  After two more years of service in a reserve capacity, you were removed from the standby reserve and issued an honorable certificate for that service. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your assertion that while you were in the Marine Corps, you had a problem with alcohol, and that you stopped drinking in 1976 and started working for IBM.  The Board also considered the documentation that you provided, including evidence of your lengthy service working with HVAC at IBM and also with a union.  The Board further considered your request that you are seeking an upgrade due to your accomplishments over the course of your life.  After careful consideration of your contentions, while your post-service activities are laudable, the Board did not find evidence of an error or injustice that warrants upgrading your 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 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, 

5/29/2020