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

Docket No. 8713-18
 
Dear  
 
This is in reference to your application of 21 September 2018 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 6 November 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 27 June 1966.  On 16 August 1967, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 31 January 1968, you were convicted at a summary court-martial (SCM) for two specifications of failure to go to your appointed place of duty.  On 25 July 1968, you were discharge with a general characterization of service at the expiration of your term of enlistment.  You received a final mark of 3.88 in conduct at the time of your discharge. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contention that your punishment for lateness did not fit the crime.  The Board noted that characterization of service is often based, in part, on the computed from marks for conduct assigned on a periodic basis.  Your conduct marks were below the 4.0 required at the time of your separation for a fully honorable characterization of service.  The Board in its review determined you were assigned the appropriate 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 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.