Docket No: 9902-18                        
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 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 2 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, 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 27 June 1974.  During the period from 6 March 1975 to 15 January 1977, you received nonjudicial punishment (NJP) on six occasions.  Your misconduct included unauthorized absences (UA) from your unit for periods totaling 23 days, failing to go to your appointed place of duty, and willfully disobeying a lawful order from a superior officer.  You continued to serve until the end of your enlistment on 18 July 1978, when you were discharged with a general (under honorable conditions) (GEN) 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 3.7.  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 in your case, including your contention that you were lead to believe that after six months your characterization would be 
changed to honorable.  However, the Board concluded that these factors were insufficient to warrant relief in your case because of your repeated misconduct that resulted in six NJPs and failure to attain the required average in conduct.  Regarding your contentions, 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.  There is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.   
 
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.