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

Docket No: 0560-19   
Ref: Signature date 

Dear :

This letter 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 30 September 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, 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 and began a period of active duty on 9 January 1974.  On 9 April 1975, you received nonjudicial punishment (NJP) for disobeying and assaulting your noncommissioned officer.  On 12 February 1976, you began a period of unauthorized absence (UA) that continued until you surrendered on 17 February 1976.  On 24 June 1976, you received a second NJP for failure to be at your appointed place of duty.  You were UA again 6 July 1976 to 9 July 1976.  On 16 July 1976, you received a third NJP for UA.  Subsequently, administrative discharge action was initiated to separate you from the naval service due to substandard performance and unsatisfactory conduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  As part of your written acknowledgement of your procedural rights, you stated that you had been afforded the opportunity to consult with military legal counsel, that you “understand that if [you are] awarded a general discharge under honorable conditions [you] may expect to encounter prejudice in civilian life,” and that you “do not object to discharge.”  Your commanding officer recommended that you receive a general (under honorable conditions) (GEN) characterization of service and the separation authority approved your separation from the Marine Corps.  On 22 July 1976, you were so discharged. 

You request that the Board upgrade your discharge to honorable.  You assert that you were offered a program called “expeditious discharge” because it was peacetime, and that you were told that it would be “an honorable discharge.” You also stated you thought “under honorable conditions” and “honorable” were the same, and that if you had been given the correct information you would have never chosen to accept a GEN discharge. 

The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions, and concluded these factors were insufficient to warrant a change to your discharge given, your misconduct that resulted in three NJPs.  With respect to your contention that you were misinformed about the type of discharge you would receive, the Board noted that you opted not to consult with counsel and signed a document acknowledging notification that read, in part:  “I understand that if I am awarded a general under honorable conditions discharge I may expect to encounter prejudice in civilian life.” Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.
 
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,

 
10/17/2019