Docket No: 7806-18 
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 30 October 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 8 January 1951.  You served for a year without disciplinary incident, but during the period from 26 January 1952 to 27 April 1953, you received nonjudicial punishment (NJP) and were convicted by summary court-martial (SCM) on three occasions.  Your offenses were unauthorized absence (UA) from your unit for periods totaling over 11 days, and failure to obey a lawful order from a noncommissioned officer.  You continued to serve until the end of your enlistment on 7 January 1955, when you were discharged with a general under honorable conditions characterization based on your conduct mark average. 
 
Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis.  Your conduct average was 3.5. At the time of your service, a conduct average of 4.0 was required for a fully honorable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such has your combat history during the   , awards, your Purple Heart Medal and your contention that you believe you discharge was not fair, because your commanding officer said he would get you.  The Board concluded these factors were not sufficient to warrant relief in your case because of your repeated misconduct that resulted in an NJP, three SCMs and failure to attain the required average in conduct.  About your contention, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Your allegations, unsupported in the record or by submission of documentation failed to overcome that presumption.  Further, this Board is not an investigating agency nor does it have the resources to investigate unsubstantiated allegations regarding individuals and occurrences that happened more than 50 years ago.  The Board, in its review, discerned no 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 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.