DEPARTMENT OF THE NAVY 

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

Docket No: 2842-16 

MAY 22 2017 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle 10 ofthe 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 oflimitations and consider your application on it merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 7 February 2017. The names and votes ofthe members ofthe 
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 ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

You enlisted in the Marine Corps and begin a period ofactive duty on 1 June 1978. During the 
period from 16 June 1979 to 20 February 1981, you received five separate nonjudicial 
punishments (NJP) for offenses including being absent from your appointed place ofduty, 
disobeying a lawful order, sleeping on duty, wrongfully discharging a firearm killing two deer, 
and wrongful possession ofmarijuana. On 31May1981, you received a general under 
honorable conditions discharge at the expiration ofyour enlistment. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and contention that you were told you would receive an honorable discharge and 
you did not know you were receiving a general discharge. The Board concluded that these factors 
were not sufficient to warrant upgrading your discharge given the severity ofyour pattern of 
misconduct on active duty. The Board also was not persuaded by the fact that you were told you 
would receive an honorable discharge and you did not know you were receiving a general 
discharge. The Board noted that even though you possessed the marks for an honorable 
characterization ofservice individuals discharged with misconduct in their record normally 
receive a discharge under other than honorable conditions. Accordingly, your application has 
been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of · 
new and material evidence. New evidence is evidence not previously considered by the Board. 
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