Docket No: 8518-19 
Ref: Signature date 
 
 
Dear Mr.  
 
This letter is in reference to your application for correction of your naval record, filed 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 with respect to your request to upgrade his characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, the application has been denied.     
 
Although the 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 the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 19 August 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 the 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 29 August 1975.  On 29 December 1975, you commenced a period of unauthorized absence. In the meantime, it appeared that you were in the control of civilian authorities.  According to available records, you were sentenced to prison by a court in  for second degree murder.  An administrative discharge board was convened relating to your service with the Marine Corps, and, on 13 March 1980, that board determined that you had a civil conviction, that you should be discharged, and that your characterization of service be under other than honorable conditions. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  In your petition, you explained that it has been 44 years since you committed the acts that led to your discharge, that you are now a different person, and that during the interim, you have attended 13 vocational classes and 3 vocational schools.  Additionally, you noted that the circumstances that ended your career were not service-related.  The Board carefully considered your contentions and commended you for making positive strides in your personal development.  Unfortunately, based on current discharge guidelines, you were subject to a civil conviction.  Under these facts and circumstances, the Board did not find evidence of any error or injustice that warrants upgrading your characterization of service. 
 
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 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,