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

Docket No: 487-19                
Ref: Signature Date 

This is in reference to your application of 4 December 2018 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 17 December 2019.  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, 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 19 December 1976.  On 22 July 1977, you were convicted by special court-martial (SPCM) of unauthorized absence (UA) totaling 38 days.  During the period from 4 to 12 January 1978, you received two non­judicial punishments (NJP) for one day of UA and disobeying a lawful order.  On 7 December 1979, you were discharged with a general under honorable conditions characterization of service and transferred to the Marine Corps Reserve. 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contentions that you turned yourself around.  You contend that you have earned promotions meritoriously, have received awards from your leaders, and have been employed by the     State Department of Transportation for the last 35 years.  However, the Board concluded that your misconduct and low marks in behavior outweighed your desire to upgrade your discharge. 

The Board also noted that the characterization 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 3.8. An average of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service.  Regarding your contention that you turned yourself around and earned promotions meritoriously and earned awards from your leaders, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention the       State Department of Transportation has employed you for the last 35 years, the Board noted while commendable, your post-service conduct does not sufficiently mitigate your conduct while enlisted in the Marine Corps or the basis for your discharge. 

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, 


1/12/2020