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 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 for Correction of Naval Records, sitting in executive session, considered your application on 9 October 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 on 16 April 1962. On 7 February 1963 you were convicted at a Special Court-Martial (SPCM) of larceny. As punishment you were sentenced to forfeitures of pay and confinement for four months. On 20 July 1963 you received non-judicial punishment (NJP) for unauthorized absence (UA) and for insubordinate conduct by willfully disobeying a lawful order. On 30 October 1963 you received NJP for UA. On 2 July 1964 you received NJP for insubordinate conduct by willfully disobeying a lawful order. On 12 February 1965 you received NJP insubordinate conduct for being disrespectful to a non-commissioned officer. On 28 February 1966 you received NJP for misbehavior of a sentinel or lookout for sleeping on post. Your combat history indicates that between 21 April and 16 August 1966 you participated in five different operations in the theater of operations. However, your service record does not indicate eligibility for the Combat Action Ribbon. On 12 July 1966 you received NJP for misbehavior of a sentinel or lookout for sleeping on post. At the end of your active obligated service, on 12 October 1966 you were discharged with a general (under honorable conditions) (GEN) characterization of service and transferred to the Marine Corps Reserve. The Board carefully weighed all potentially mitigating factors, such as your contention that you had extended service for over one year in . Unfortunately, the Board determined this mitigating factor and contention was not sufficient to warrant upgrading your discharge or granting any other relief in your case. The Board initially observed that character of military service is based, in part, on conduct and overall trait averages (proficiency and conduct), which are computed from marks assigned during periodic evaluations. Your overall active duty trait average during your enlistment was 3.81 in conduct. Marine Corps regulations in place at the time of your discharge required a minimum trait average of 4.0 in conduct (proper military behavior), for a fully honorable characterization of service. The Board concluded that your conduct marks during your active duty career were a direct result of the misconduct reflected in your service record. The Board also noted that there is no provision of federal law or in Navy/Marine Corps regulations that allows for a discharge to be automatically upgraded after a specified period of time. The Board determined that the totality of the circumstances, including the misconduct detailed above, outweighed the positive aspects of your military record, and concluded that, even though flawless service is not required for an honorable discharge, in this case a GEN discharge was appropriate given that totality of the circumstances. Absent a material error or injustice, the Board generally will not summarily upgrade a discharge solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities. Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 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,