Docket No: 1952-20 
Ref: Signature Date 


This 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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found 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 19 May 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 Reserve in November 1979.  Your record reflects that you completed a period of training as a recruit from 27 June 1980 through 24 September 1980.  Your record also indicates that you were absent without authorization (UA) from 11 November 1980 through 9 December 1980, and again from 12 December 1980 through 19 February 1981.  On 1 May 1981, you were found guilty at special court-martial proceedings for the two periods of UA.  The Court sentenced you to confinement at hard labor for two months and to forfeiture of pay of $806 pay per month for two months.  You were UA again from 7 July 1983 to15 July 1983, and subsequently received nonjudicial punishment (NJP).  Administrative Remarks dated 4 November 1983, indicate that you were recommended for administrative discharge with an other than honorable characterization of service for failing to respond to previous counselings.  You were discharged from the Marine Corps on 14 December 1983, on the basis of a pattern of misconduct and received a general characterization of service and a reentry (RE) code of RE-4.  Your Certificate of Release or Discharge from Active Duty (DD Form 214) indicates that you waived your right to appear before an administrative separation board. 

You request an upgrade to your discharge characterization from general to honorable.  You state that when you entered the Marine Corps your MOS was Demolition; following basic training your MOS was changed to .  You state that you were offered the option to change your MOS again or take a six month early release with an honorable characterization of service.  You contend that you agreed to a six month early release with an honorable characterization of service but your DD Form 214 reflects a general discharge. 

The Board in its review of your entire application carefully weighed all potentially mitigating factors, including your assertion that you accepted an honorable characterization of service with a six month early release.  The Board noted, however, that your record indicates that on 14 December 1983, you were counseled regarding your receipt of a general discharge and that you acknowledged the counseling by your signature.  The Board concluded that based on the information in your record, to include your conviction at special court-martial and your acknowledgement of a receipt of a general characterization of service, your current discharge was issued without error or injustice.  The Board determined that your discharge does not merit an upgrade. 

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.