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

Docket No: 889-18                 
Ref: Signature date 

Dear  :

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 27 March 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 14 October 1975.  During the period from 29 October 1975 to 8 April 1977, you received five non-judicial punishments (NJP) for three periods of unauthorized absence totaling 15 days, failure to obey a lawful general regulation by having in your possession marijuana, disobedience of a lawful order of a superior noncommissioned officer, and failure to go to your appointed place of duty.  The record shows on 8 November 1976 you were diagnosed with pseudpholliculitis barbae for which you underwent treatment.  It was determined that your condition could only be overcome by permitting you to grow a beard.  Subsequently, on 14 November 1977, you were notified of pending administrative action by reason of convenience of the government due to diagnosed pseudpholliculitis barbae, at which time you waived your right to consult with legal counsel.  On 20 January 1978, you received your six NJP for an unauthorized absence.  The commanding officer recommended a general under honorable conditions character of service discharge. The discharge authority approved this recommendation and directed discharge with a general character of service. On 20 April 1978, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your character of service and contention that your type of discharge had no bearing on your ability to fulfill your contract.  The Board concluded these factors were not sufficient to warrant a change in your character of service given your diagnosed condition and your misconduct that resulted in five NJPs.  Additionally, characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis.  Your conduct average was 3.8.  At the time of your service, a conduct average of 4.0 was required for a fully honorable characterization of service. 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, 


6/24/2019