Docket No: 3684-19 
Ref: Signature Date 
  
 
Dear : 
 
This is in reference to your application of 25 March 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 12 May 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 31 October 1973.  On 1 July 1976, you received non-judicial punishment (NJP) for unauthorized absence (UA) for two hours and disobeying a lawful order.  On 20 December 1976, a special court-martial (SPCM) convicted you of two specifications of UA totaling 42 days.  On 2 February 1977, you were released from active duty and received a general under honorable conditions characterization of service. 
 
The Board carefully weighed all potentially mitigating factors in your case, including the information from  Department of Veterans Affairs (VA), your desire to upgrade your discharge and contentions that you committed your misconduct to protect your family, you have been a law-abiding part of the community, and you need VA benefits to assist with your failing health.  However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge given your misconduct on active duty and the marks you received at discharge. 
 
The Board noted that character of service is based, in part, on conduct and overall trait averages 
which are computed from marks assigned during periodic evaluations.  Your conduct average was 1.8. An average of 4.0 in conduct was required at the time of your separation for an honorable characterization of service. 
 
Regarding your contention that you committed your misconduct to protect your family, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  Regarding your contention that you have been a law-abiding part of the community, the Board noted that while commendable, your post service conduct does not fully mitigate your conduct while enlisted in the Marine Corps or the basis for your discharge.  Regarding your contention that you need VA benefits to assist with your failing health, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA. 
 
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, 
 
                                                                              
6/26/2020