Docket No: 5027-19 
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 13 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 11 July 1978.  During boot camp you were counseled almost every day for various infractions.  On 10 August 1978, nonjudicial punishment (NJP) was imposed on you for Disobedience of a Lawful Order.  Daily counseling continued at the School of Infantry.  In October 1978, you were notified of proposed administrative discharge by reason of misconduct, and you did not elect to exercise any of your rights.  Your Battalion Commander recommended discharge by reason of misconduct (i.e., frequent involvement/shirking), with a General discharge.  On 5 October 1978, the Separation Authority directed you be administratively separated with a General discharge, and you were so discharged from the Marine Corps on 12 October 1978. 
 
You requested an upgrade to your discharge characterization from General to Honorable.  The Board considered your age, and your assertions that you were not prepared for the physical and mental requirements, and just wanted out.  The Board also considered your assertions that you tried your best, but it was not enough and you should have picked a less physical branch.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given your misconduct, which resulted in NJP. 
 
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,