DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
   
Docket No: 2348-19   
Date: Ref Signature 

This is in reference to your application of 8 February 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 2 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 20 August 1957.  From 27 February 1958 to 12 October 1959 you received non-judicial punishment (NJP) on five occasions for the following offenses: violation of a lawful general regulation, failure to obey a lawful order, absence from your appointed place of duty at the prescribed time, unauthorized absence (UA), breaking restriction, and willful disobedience of an order of a non-commissioned officer.  On 18 August 1961, you were discharge with a general characterization of service by reason of convenience of the government (COG). 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contention you should have received an honorable discharge. The Board noted you did not provide evidence, and your record did not contain evidence, to support your contention.  Your characterization encompasses a review of your entire record, weighing significant positive and negative aspects of your overall service record. The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 

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, 

4/13/2020