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

Docket No: 1733-19   
Date: Ref Signature 

This is in reference to your application of 14 January 2018 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  18 March 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active duty on 6 May 1976.  On 21 June 1977, you received a summary court-martial conviction (SCM) for wrongful possession of marijuana.  You went on a period of unauthorized absence (UA) from 28 April 1978 to 11 October 1978.  As a result of the foregoing, on 8 November 1978, you submitted a request for a good of the service (GOS) discharge in lieu of trial by court-martial.  On 8 November 1978, your request for GOS discharge in lieu of trail by court-martial was determined to be sufficient in law and fact.  On 20 November 1978, the discharge authority approved your GOS request for discharge in lieu of trial by court marital.  On 28 November 1978, you were discharged with an other than honorable (OTH) characterization of service for the good of the service. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contention you had high proficiency and conduct marks.  Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis.  Your conduct average was 3.3. At the time of your service, a conduct average of 4.0 was required for a fully honorable characterization of service. Further, the Board concluded that the severity of your misconduct outweighed your current desire to upgrade 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, 

3/31/2020