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

Docket No: 9399-17 
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 28 January 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 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 began a period of active service on 17 September 1980. On 28 January 1981, you 
received non-judicial punishment (NJP) for laying on your rack while posed as security watch. 
On 15 June 1981, you received NJP for failure to obey a lawful order. On 15 September 1981, 
you received your third NJP for being incapacitated for the performance of your duties, as a 
result of prior indulgence. On 27 August 1982, you received your fourth NJP for violation of 
Navy regulation by using marijuana. On 24 September 1982, you were discharged with a 
General characterization of service under the Marine Corps expeditious discharge program.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and your contention that you didn't have any corporal punishment for your 
actions, implying that they were not so severe that your command gave corporal punishment.
The uniform code of military justice provides the maximum punishment allowed for a given 
infraction at NJP, which does not include corporal punishment. The Board determined these 
factors and this contention were not sufficient to warrant an upgrade to your discharge. The 
Board in its review discerned no impropriety or inequity in the discharge.

It is regretted that the circumstances of your 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 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,




4/16/2019
 
Executive Director