DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9381-17 Ref: Signature date Dear This is in reference to your application for correction of your naval record pursuant to 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 4 February 2019. 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, as well as applicable statutes, regulations and policies. You enlisted in the Marine Corps and began a period of active duty on 3 March 1977. During the period from 2 March 1978 to 3 August 1979, you received three nonjudicial punishments (NJPs) for disobeying a lawful order, contempt and deportment, larceny, and 10 days of unauthorized absence. Additionally, you were counseled on two occasions regarding your substandard performance of duty, and that further involvement with military authorities could result in you being recommended for administrative discharge. You remained on active duty until you were released and transferred to the Marine Corps Reserve on 30 March 1980. At that time, you received a general characterization of service. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your record of service and you desire to have your discharge upgraded. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in three NJPs, and the fact that you were counseled on two occasions regarding your substandard performance. You added that you entered the Marine Corps using the name and would like to have your records, including the certificate of release or discharge from active duty (DD Form 214), to reflect your current name of . With regard to changing your name to your birth name on your DD Form 214 and other records, the Board found that there would be no error or injustice by leaving your name as initially written, given that you served your entire period of service using the name of 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 or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity 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 of probable material error or injustice. Sincerely, 4/29/2019