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


Docket No: 4590-19  
Ref: Signature Date 

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 21 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps on 16 September 1971 and you served through 27 September 1975, receiving an honorable characterization of service upon your transfer to the Marine Corps Reserve.  On 1 September 1976, you were convicted of second degree robbery and were sentenced to a period from one year to life. On 17 February 1977, an administrative discharge board was held, at which you received representation.  The board determined that you had, in fact, been convicted, that the conviction supported discharge, that you should be discharged from the Marine Corps Reserve, and that your characterization of service should be general.  On 25 July 1977, you were discharged from the Marine Corps Reserve with a general characterization of service. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that a captain told you that your discharge would be automatically upgraded to honorable after six months.  Please note that there is no provision in law or regulation that provides for an upgrade of characterization based solely on the passage of time.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 

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, 

6/7/2020