DEPARTMENT OF THE NAVY 

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

Docket No: 91-16 


Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10, 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 its merits. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 30 August 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 of this Board. 
Documentary material considered by the Board consisted ofyour application, together with alJ 
material submitted in support thereof, your available 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 error or injustice. 

You enlisted in the Marine Corps and began a period of active duty on 15 July 1977 and served 
1 year and 10 months. Your record is incomplete, in that it does not contain any ofthe documents 
pertaining to your administrative discharge. Based on your Certificate ofRelease or Discharge from 
Active Duty (DD Form 214), it appears that after being afforded all of your procedural rights, the 
discharge authority directed you receive an other than honorable discharge which you acknowledged 
by signing block 29. On 16May1979, you were so discharged. 

The Board, in its review ofyour entire available record and application, carefulJy weighed alJ 
potentially mitigating factors such as your desire to upgrade your discharge, and your contentions 
that you were not properly discharged and did not have any bad conduct during your time in the 
military. The Board noted that your service record was incomplete, but you submitted nothing to 
support your contentions ofnot being properly discharged and not committing misconduct while in 
the service. Upon review and consideration ofthe available evidence ofrecord, in this case your 
DD 214, the Board concluded that your request does not warrant relief. In this regard, the Board 
concluded that your signed acknowledgment in block 29 ofyour DD Form 214 and not completing 
a full enlistment obligation supports the characterization ofdischarge (Other Than Honorable) 
issued. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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 ofthe Board's decision. New evidence is evidence not 
previously considered by the Board prior to making 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 of an official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director