Docket No: 5550-19 
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 8 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. 
 
You enlisted in the Marine Corps on 22 April 1980.  On 23 December 1981, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling five days and missing unit’s movement.  On 7 September 1982, a special court-martial (SPCM) convicted you of three specifications of UA totaling 12 days and missing unit’s movement.  On 29 December 1982, you submitted a request for administrative separation in lieu of a trial by court-martial.  Your request was disapproved on 6 January 1983.  On 24 January 1983, a SPCM convicted you of UA totaling 13 days, disobeying a lawful order, and wrongful use of a controlled substance.  You were sentenced to a bad conduct discharge (BCD).  However, all charges and specifications were set aside and dismissed along with the disapproval and dismissal of the BCD.  On 12 February 1984, you were discharged with a general under honorable conditions discharge at the expiration of your enlistment. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you cannot receive service from USAA with a general discharge and you developed a drinking problem while serving in the Marine Corps.  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 3.1. An average of 4.0 in conduct was required at the time of your separation for an honorable characterization of service. 
 
In regard to your contention that you cannot receive services from USAA Insurance, whether or not you are eligible for services from USAA is a matter under the cognizance of USAA, and you should contact USAA concerning your right to apply for service.  If you have been denied service, you should appeal that denial under procedures established by USAA. 
 
Regarding your contention that you developed a drinking problem while in the Marine Corps, the Board noted that there is no evidence in your record, and you submitted none, to support your contention of suffering from alcoholism. 
 
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.