DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
                           
Docket No: 7108-18  
Date: Ref Signature 

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 28 August 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, 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 26 May 1976.  On 3 May 1977, you received non-judicial punishment (NJP) for violation of a lawful written order.  On 5 July 1977, you received NJP for disobeying of a lawful order.  You were counseled on 20 July 1977 regarding your frequent involvement with military authorities, and notified further deficiencies may result in the initiation of administrative separation processing.  On 1 August 1977, you received your third NJP for unauthorized absence (UA).  On 5 December 1977, you were convicted at a summary court-martial (SCM) for disrespect to a superior non-commissioned officer.  On 3 April 1978, you were notified of processing for an expeditious discharge.  On 26 April 1978, you were discharged with a general (under honorable conditions) characterization of service by reason the Marine Corps Expeditious Discharge Program.  At the time of your discharge, your conduct mark average was 3.2. 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and your contention that an officer explained your characterization of service would automatically upgrade to honorable 6 months after separation.  The Board noted your records do not contain evidence, and you provided none beyond your statement to support your contention.  Furthermore, no discharge is automatically upgraded due to the passage of time.  In addition, at the time of your discharge, your 3.2 was below the required 4.0 average mark for conduct for an honorable discharge.  The Board concluded there is insufficient evidence to warrant relief in your case. 
 
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 the 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.