Docket No: 4402-19 
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. 
 
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 10 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, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps on 15 July 1976.  On 25 February 1977, you received nonjudicial punishment (NJP) for possession of marijuana.  On 17 August 1978, you received a second NJP for two days of unauthorized absence (UA).  On 26 April 1979, you were convicted by special court-martial for a period of UA from 3 January 1979 to 14 February 1979, and awarded 60 days restriction and reduction in rank.  On 4 May 1979, you received a third NJP for sleeping on post as a security watch.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 25 August 1979 at the completion of your required active service with a general, under honorable conditions, characterization of service. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were a “good Marine” and should not have been punished for something you “couldn’t control.”  Specifically, you contend your UA in 1979 was due to a blizzard which prevented you from returning to    because planes were not flying.  The Board also considered your statement that you’ve “been suffering from anxiety and depression” since your discharge but noted you did not submit any supporting documentation with your request or when requested by the Board in its letter of 3 September 2019.  The Board also noted your final average marks in conduct were 3.5 and, at the time of your discharge, a 4.0 was required for an honorable characterization of service.  Finally, the Board noted the Marine Corps Separations Manual states a general discharge is appropriate if the “Marine’s service has been honest and faithful, but significant negative aspects of the Marine’s conduct or performance outweigh positive aspects of the Marine’s military record” and determined your three NJPs, a SPCM conviction, and drug-related misconduct were “significant negative aspects” which “outweighed the positive aspects” of your military record.  After full consideration, the Board determined there was insufficient evidence of an error or injustice and concluded your service is appropriately characterized as general, under honorable conditions. 
 
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,