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

Docket No: 1140-19 
Ref: Signature date 

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, sitting in executive session, considered your application on 19 February 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 Reserve and began a period of active duty for training on 26 April 1977.  You were subsequently released from your initial tour of active duty with an honorable characterization of service on 16 September 1977.  Based on the information contained in your record it appears you accumulated 29 unexcused absences from reserve drill.  As a result, you were notified of pending administrative action to separate you from the naval service for misconduct due to shirking.  Your commanding officer (CO) recommended that you be administratively discharged with an other than honorable (OTH) characterization of service because of your unsatisfactory participation in the Marine Corps Reserve.  The Staff Judge Advocate (SJA) initially found the proceedings insufficient in law to support administrative discharge because of unsatisfactory participation in the Marine Corps Reserve, because there had not been compliance with the notification requirements.  However, the SJA opined that the record would support administrative separation for the convenience of the government for substandard personal behavior, which had adversely affected your performance of duty and resulted in you becoming an administrative burden to your command.  The discharge authority concurred with the SJA’s assessment and directed that you be discharged from the naval service with a general (under honorable conditions) characterization of service by reason of convenience of the government due to substandard personal behavior.  On 9 December 1978, you were so discharged. 

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. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board considered your contention that prior to your discharge you went to your company commander several times at the reserve station requesting reenlistment protocol. You also contend that, after several times with no direction, you were finally given a direct order from the company commander to not address the issue again.  You also state that you feel that your rights were violated.  However, the Board concluded that these factors were insufficient to warrant relief given your substandard personal behavior in the reserves.  After a thorough review of the facts and circumstances unique to your case, the Board discerned no material error or injustice in your discharge. 

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. 

Sincerely, 


3/6/2020