DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7980-19 Ref: Signature Date 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 10 February 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. Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period of active duty on 24 February 1971. On 29 February 1972, you received nonjudicial punishment (NJP) for unauthorized absence (UA) from guard duty and failure to obey a lawful order. You were awarded forfeiture of pay and restriction. On 6 March 1972, your request to extend your orders in was disapproved due to your poor performance of military duties. On 4 April 1972, you received a second NJP for UA and awarded forfeiture of pay, restriction, and extra duties. On 5 April 1972, you received a third NJP for failure to obey a lawful order and awarded restriction. On 26 June 1972, you received a fourth NJP for UA and awarded forfeiture of pay, restriction, and extra duties. On 6 July 1972, you were counseled that further deficiencies in performance or conduct could result in administrative separation or judicial proceedings. On 19 October 1972, you began a period of UA that continued until 6 November 1972. While you were UA, you were apprehended by civilian authorities and charged with possession of marijuana with intent to distribute. Subsequently, administrative discharge action was initiated. On 6 April 1973, you were discharged with a general (under honorable conditions) characterization of service, a separation code “COG,” a narrative reason for separation of “convenience of the government” and a reentry code of RE-3D, which indicates failure to meet minimum disciplinary standards. You request the Board upgrade your discharge to honorable. You assert you enlisted and served during the era and you were awarded the Good Conduct Medal, the National Defense Medal, and a rifle marksman badge. You state you are very proud to have served your country as a Marine at a very young age and that you feel you should have received an honorable discharge. The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in four NJPs, even after you had been warned about the potential for administrative separation. Regarding your contention that you received a Good Conduct Medal, the Board noted your DD Form 214, Block 30, Remarks reads: “Good Conduct Medal period commences 720403.” That notation does not indicate that you received a Good Conduct Medal, but only states the starting date for the next period for the award. Additionally, the Good Conduct Medal is awarded to any active-duty enlisted member who completes three consecutive years of honorable service without any non-judicial punishment, disciplinary infractions, or court-martial offenses. If a service member commits an offense, the three-year mark resets and a service member must perform an additional three years of service without having to be disciplined before the GCM may be awarded. Your original service record was incomplete and did not contain any documentation pertaining to your separation. The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. Further, there is no provision of law or in Navy regulations that allows for an upgrade to the characterization 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, 3/20/2020