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

 Docket No: 4922-18 

 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 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 July 
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. 

You enlisted in the Marine Corps and began a period of active duty on 22 March 1972. On 
5 December 1973, you were convicted by general court-martial (GCM) of two specifications of 
assault. On 25 July 1974, you received non-judicial punishment (NJP) for larceny. 
Subsequently, on 21 March 1975, you were discharge with a general (under honorable 
conditions) character of service and transferred to the Marine Corps Reserve. On 7 November 
1977, you were discharged from the Marine Corps Reserve with a general (under honorable 
conditions) character of service by reason of expiration of enlistment/fulfillment of service 
obligation. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and assertion that you did not think that your discharge was an error when you 
were 18 years old. You made some mistakes in life and now you are 63 years old, life lesson 
earned. Additionally, you state, in    in order to get maximum benefits your discharge 
must be honorable. The Board concluded that these factors were not sufficient to warrant relief 
because of the seriousness of your repeated misconduct. Additionally, the Board noted 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 3.9. An average of 4.0 in 
conduct was required at the time of your separation for a fully honorable character of service. 
The Board, in its review, discerned no material error or injustice in your character 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, 
which will require you to complete and submit a new DD Form 149. 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.