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

Docket No: 2354-16 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle 10 of the United States Code, section 1552. 

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 three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 16 November 2016. The names and votes of the members of the panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. 
After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material e1rnr or injustice. 

You enlisted in the Marine Corps and began a period of active duty on 23 June 1972. During the period from 17 December 1972 to 29 May 1974, you received three nonjudicial punishments (NJP) for the following offenses: wrongfully possessing 1. 7 grams ofmarijuana, failure to obey a lawful order on two occasions, insubordinate conduct, communicating a threat, absence from your appointed place ofduty, and failure to obey a general order on three occasions. 

Subsequently, you were notified of administrative separation by reason ofdefective attitude. 
The commanding officer recommended administrative discharge. The discharge authority 
approved and directed administrative separation by reason ofunsuitability with a general 
discharge under honorable conditions. On 10 July 1974, you were so discharged. 
The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that you believe the only reason you received a 
general discharge was because your command stated you could not adjust to military life. 

Regarding your contention, the Board considered and detennined that your statement was not enough to outweigh the significant misconduct you committed. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case given your misconduct. Further, character ofservice is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 3.8. An average of4.0 in conduct was required at the time ofyour separation for a fully honorable characterization of service. The Board concluded the seriousness of your repeated misconduct, which included three NJPs, outweighed your desire to upgrade your discharge. Accordingly, your application has been denied. 

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 ofnew and material evidence within one year from the date of the ?card's decision. New evidence is evidence not previously considered by the Board prior to m?king its decision in your case. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director