DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5057-17 JAN 03 2019 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, section 1552. After careful and conscientious consideration of the entire record, the 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 for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2018. 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps on 25 July 1954. During the period from 14 November 1956 to 23 September 1957, you received two non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) and disobeying a lawful order from a commissioned officer. On 18 July 1958, you were released from active duty, transferred to the Marine Corps Reserve, and received a general under honorable conditions discharge. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that your punishment was too harsh. The Board, however, concluded that these factors were not sufficient to warrant upgrading your discharge given your misconduct. The Board noted that 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 3.8. An average of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service. In regard to your contention that your characterization of service was too harsh in light of the brevity of and circumstances surrounding your second UA, the Board noted that your characterization was a direct result of your actions, which resulted in two NJPs and final marks of 3.8 in conduct. 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 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 of applying for correction of an official naval record, the burden is on the applicant to demonstrate the existence of the probable material error or injustice. Sincerely, Executive Director Docket No: 5057-17