Docket No: 11081-19 
Ref: Signature Date 


This is in reference to your application of 15 November 2019 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 28 April 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. 

You enlisted in the Marine Corps and began a period of active duty on 26 February 1969.  On 27 November 1969, you began a period of unauthorized absence (UA) that continued until you surrendered on 3 December 1969.  On 4 December 1969, you received non-judicial punishment (NJP) for UA and were awarded forfeiture of pay, and correctional custody.  On 21 January 1971, you requested early release from active duty.  On 29 January 1971, you were discharged with a general (under honorable conditions) characterization of service. 

You request that the Board upgrade your discharge to honorable.  You assert you that when you attempted to get automobile insurance offered to veterans you were informed you needed an honorable discharge.  You state the error needs to be corrected and you requested a new DD Form 214 to avoid problems when applying for future benefits.  In support of your petition, you attached a Department of Veterans Affairs (VA) decision letter dated 13 December 2018 informing you that your service was considered honorable for VA purposes. 

The Board found no error in the records.  The Board noted that your general (under honorable conditions) characterization of service is supported by your record.  Please be advised that you were properly discharged with a general (under honorable conditions) on 29 January 1971.  Further, it appears that the VA upgraded your discharge status to “honorable” in order for you to receive VA benefits only, and does not change or upgrade 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 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.