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

Docket No: 1269-18                                     
Ref: Signature Date 

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 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 24 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 and began a period of active duty on 27 July 1971.  During the period from 21 August 1971 to 12 November 1973, you received six nonjudicial punishments (NJPs) for five specifications of failure to obey lawful orders, unauthorized absence, disrespect in language and deportment, willfully striking a noncommissioned officer, disobeying a lawful order from a superior commissioned officer, and two specifications of being absent from your appointed place of duty.  Subsequently, on 4 December 1973, you were discharge with a general (under honorable conditions) characterization of service and transferred to the Marine Corps Reserve.
  
You requested that the Board upgrade your discharge characterization to an honorable discharge. The Board carefully weighed all your contentions such as that you regret your decisions, you are proud that you were a Marine, and wish you would have done better.  The Board also considered your post-service achievements.  The Board concluded that these factors were not sufficient to warrant relief because of the seriousness of your repeated misconduct that included six NJPs. 

After a thorough review of the facts and circumstances unique to your case, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 

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, 


7/15/2019