Docket No: 2392-19 
Ref:  Signature Date 
 
 
 
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.     
  
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 issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 20 July 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 January 1976.  On 2 February 1977, you received nonjudicial punishment (NJP) for disobeying a lawful order.  On 14 September 1978, you received NJP for 55 days of unauthorized absence (UA).  Additionally, you were, counseled concerning your recalcitrance, lack of loyalty, and continued unprofessional attitude and actions.  On 19 December 1978, you were, counseled concerning your continued problems that could result in you being recommended for an other than honorable discharge.  On 23 January 1979, you were convicted by summary court-martial (SCM) of destruction of government property.  On 24 January 1979, you were, counseled your proficiency and conduct marks, and that continued adverse attitude and/or actions might result in further disciplinary action.  On 30 January 1979, you were, again, counseled concerning your proficiency and conduct marks, and that continued adverse attitude and/or actions could result in further disciplinary action.  On 16 August 1979, you received NJP for seven days of UA.  You remained on active duty, and received a general discharge at the expiration of your enlistment on 27 March 1980. 
 
Characterization of service is based in part on conduct marks assigned on a periodic basis.  Your conduct average was 3.7.  At the time of your service, a conduct average of 4.0 was required to be considered for a fully honorable characterization of service.    
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded. The Board also considered your assertions that you are now over 60 years old and feel sorry for what happened, and your contention that it does not seem right that one incident should have such a negative effect on your life.  Further, that you were employed with the United States Postal Service for 38 years and retired as a Postmaster, and that one mistake should not define you as a man.  The Board concluded these factors, assertions, and post-service accomplishments were not sufficient to warrant recharacterization of your discharge given your misconduct that resulted in three NJPs, conviction by SCM, and your failure to attain the required average in conduct. 
 
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,