Docket No: 4125-20 Ref: Signature Date Dear 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 the entire record, 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 23 September 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 and applicable statutes, regulations and policies. You enlisted in the Marine Corps and began a period of active duty on 27 August 1970. On 8 July 1972, you received non-judicial punishment (NJP) for disobedience of superior commissioned officer, disrespect in language, disobedience of superior noncommissioned officer, and resisting apprehension. On 2 September 1972, you received your second NJP for an unauthorized absence. On 20 October 1972, you were not recommended for reenlistment due to frequent involvement with the Uniform Code of Military Justice (UCMJ) and your attitude. On 9 February 1973, you received your third NJP for violating a lawful written order, failure to obey a lawful order from commissioned officer and failure to go to your appointed place of duty. Subsequently, on 24 August 1973, you were discharged from the naval service with a general (under honorable conditions) character of service and transferred to the Marine Corps Reserve (USMCR). On 19 August 1976, you were discharged from the USMCR with a general (under honorable conditions) characterization. Character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 3.9. An average of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contention that President Ford let deserters come home without penalty. You further state that you did your duty and made the paygrade of E-4 in 22 months and that your trouble mostly came while you were on liberty. After careful consideration, the Board concluded these factors were not sufficient to warrant relief in your case because of your repeated misconduct that resulted in three NJPs and failure to attain the required trait average. The Board, in its review, discerned no probable material error or injustice in your discharge warranting an upgrade in the characterization of your 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 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,