DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7859-16 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 oflirnitations and consider your application on its merits. A threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 3 October 2017. 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 ofyour 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 18 November 1986. You served for one year three months and fourteen days without disciplinary incident, but during the period from 3 March 1988 to 9 March 1989, you received nonjudicial punishment (NJP) on three occasions. Your offenses were failing to go to appointed place of duty at the scheduled time, intent to defraud, and unauthorized absence. During your third NJP you were reduced to On 28 February 1989, you were notified ofpending administrative separation by reason of parenthood and convenience of the goverrunent which time you elected to consult with counsel and waived your procedural rights to present your case to an administrative discharge board (ABD). Your Commanding Officer's comments regarding the reasoning for recommending your discharge is because your parental responsibilities were interfering with your Marine Corps duties. The discharge authority approved this recommendation and directed your separation to be a general under honorable conditions by reason ofconvenience ofthe goverrunent due to parenthood. On 5 April 1989, you were discharged. Additionally, character of service is based in part on conduct marks assigned on a periodic basis. Your conduct mark average was 3.7. A 4.0 conduct mark average was required for a fully honorable discharge. After careful and conscientious consideration ofthe entire record, the Board found that the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. The Board, in its review ofyour record, and application with supporting documentation, carefully weighed all potentially mitigating factors, such as your desire to upgrade your character of service, your contention that you were encountering parenthood hardship, and that some of your separation paperwork indicates your rank as . The Board concluded these factors were not sufficient to warrant relief in your case because of your misconduct that resulted in three NJPs and failure to attain the required average in conduct for a fully honorable discharge. In regards to the discrepancy of your rank on your separation documentation, you were notified of separation processing before your reduction in rank. The Board concluded there was no error or injustice in your record. 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 of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director