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

Docket No. 10413-19 
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 th
 
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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 January 2020.  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 and applicable statutes, regulations and policies.
  
A review of your record shows that you entered active duty with the Marine Corps in June 1974.  After suffering a seizure, you were placed on limited duty in February 1977.  A medical board diagnosed you with Idiopathic Epilepsy and referred you to the Physical Evaluation Board (PEB) on 16 November 1977.  In the meantime, you were convicted for a long-term unauthorized absence by a special court-martial on 6 December 1977 resulting in a 1.9 conduct mark for the period ending 21 December 1977.  Eventually, you were placed on the Temporary Disability Retirement List (TDRL) in January 1978 and assigned a General characterization of service based on your final conduct trait average of 3.9.  You were removed from the TDRL and discharge on 31 March 1980 after the PEB lowered your disability rating to 10%.  Post-discharge, you received a 100% disability rating from the Department of Veterans Affairs (VA).
 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service.  You rely on your 100% VA rating as mitigation evidence to support your claim for relief.  Unfortunately, the Board disagreed with your rationale for relief.  The Marine Corps Separation Manual directs the assignment of a General under Honorable condition characterization of service for Marines that earn conduct marks under 4.0. In your case, the Board found no error with your assigned characterization of service based on your assigned 3.9 conduct average.  The Board considered whether your VA rating should mitigate your characterization of service and concluded it does not.  The Board reached this conclusion after determining that you were fortunate to have received any military disability benefits after your special court-martial conviction.  Based on the severity of your misconduct, the Marine Corps could have easily administratively separated you for misconduct instead of allowing you to process through the Disability Evaluation System.  Therefore, the Board felt you already received the benefit of mitigation related to your disability condition when you were allowed to be placed on the TDRL.  In their opinion, your characterization of service appropriately memorializes the fact your special court-martial conviction documented a significant negative aspect of your conduct that outweighed positive aspects of your military record. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

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, 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.  

Sincerely,