Docket No: 5560-19 
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 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 15 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 30 May 1984.  During the period from 3 September 1986 to 8 January 1988, you received four non-judicial punishments (NJP) for failure to go at the time prescribed to your appointed place of duty, disobeying an order, wrongfully possessing alcoholic beverages in your Bachelor Enlisted Quarters, wrongfully abandoning your weapon, and two specifications of failure to go to your appointed place of duty.  On 29 April 1988, you were convicted by special court-martial (SPCM) of two specifications of failure to go to your appointed place of duty.  On 5 June 1988, at the expiration of your active service, you were issued a Certificate of Release or Discharge from Active Duty (DD Form 214) that annotated your characterization of service as honorable.  The record reflects that on 7 June 1988, you were issued a DD Form 215 correcting your characterization of service as general (under honorable conditions). 
 
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 3.2. An average of 4.0 in conduct was required at the time of your separation for an honorable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and remove the DD Form 215 from your record.  The Board considered your contention that your Captain was willing to file for an honorable discharge when he turned in the DD Form 214, but then decided to turn in a DD Form 215.  You were never provided a reason nor was there a wrongdoing on your part.  After careful consideration, the Board concluded these factors were not sufficient to warrant an upgrade of your character of service or removal of the DD Form 215 from your record given your repeated misconduct that resulted in four NJPs, a SPCM conviction and failure to attain the required average in conduct.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 
 
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,