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


Docket No: 1054-18 
Ref: Signature date


Dear

This letter 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 for Correction of Naval Records (Board) found that 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, sitting in executive session, considered your application on 3 April 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 for a period of six years, and began a period of active duty on  September 1972. You served for a year without disciplinary incident, but during the period from  September 1973 to October 1975, you received nonjudicial punishment (NJP) on six occasions and were convicted by special court-martial (SPCM) (using disrespectful language toward a commissioned warrant officer). Your NJP misconduct included failure to obey a lawful order, unauthorized absence (UA) from your unit for periods totaling 12 days, breaking restriction, using disrespectful language toward a noncommissioned officer, and assaults on four separate fellow Marines.  Between your UAs and periods of confinement, you incurred 59 days of lost time. In November 1974, you were counseled for being administratively reduced in rank due to frequent involvement with military authorities and for your inability to properly perform in the rank of lance corporal.  You were notified that you were not recommended for promotion to rank of corporal because you were not considered qualified for the next higher rank. Further, you were advised of and greed to a convenience of the government discharge on the basis of the prolonged health problems of your wife, which interfered with your effectiveness and conduct as a Marine. You subsequently refused to sign the statement concerning the agreement to accept a convenience of the government discharge. On October 1977, you were notified that you were being separated from the Marine Corps because of your limited mobilization potential, that your discharge characterization of service would be general (under honorable conditions) “as warranted by your service record,” and that this characterization was “the same as you would receive upon expiration of your obligated service.” While pending separation, on 31 October 1975, you received your sixth NJP as described above. Your commanding officer directed your separation from the naval service and on October 1975, and you were separated with a general (under honorable conditions) characterization of service.

Character of service is based in part on conduct marks assigned on a periodic basis. Your conduct mark average was 3.3. A 4.0 conduct mark average was required for a fully honorable discharge.

The Board carefully weighed all potentially mitigating factors in your case, including your contention that after 43 years, you are appealing to the United States Government to upgrade your discharge. The Board concluded these factors were insufficient to warrant relief in your case because of your repeated misconduct that resulted in six NJPs, a SPCM conviction, your in- service average conduct marks, and your inability to maintain Marine Corps mobilization standards. Regarding your contention regarding the passage of time since your discharge, the Board noted that there is no provision of law or in Marine Corps regulations that allows for recharacterization of service due solely to the passage of time. Accordingly, the Board in its review discerned no probable material error or injustice in the discharge.

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 matters. New matters are those not previously presented to or 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,

Executive Director