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

Docket No: 8737-19 
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 31 March 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 and began a period of active duty on 6 November 1974. On 16 May 1975, you received nonjudicial punishment (NJP) for unauthorized absence (UA) and awarded forfeiture of pay and extra duties.  On 5 June 1975, you received a second NJP for disrespect toward a staff non-commissioned officer and awarded forfeiture of pay.  On 20 June 1975, you received a third NJP for disobeying the lawful order of a commissioned officer and awarded forfeiture of pay, which was suspended for three months.  On 26 June 1975, you received a fourth NJP for UA and your suspended sentence was vacated.  On 9 September 1975, you received a fifth NJP for UA and awarded forfeiture of pay, restriction, and extra duties.  On 9 December 1975, administrative discharge action was initiated.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive a general (under honorable conditions) discharge and the separation authority approved your separation from the Marine Corps.  On 12 December 1975, you were discharged with a general characterization of service. 

You request the Board upgrade your discharge to honorable and correct your DD Form 214, Block 3, Social Security Number (SSN).  You assert you were told that during the Vietnam Era, the military routinely put “under honorable conditions” as the characterization of service on DD 214s.  You state: “I need it to show ‘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 five NJPs.  The Board noted that you provided no evidence to support your contention that your SSN is incorrect. 

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,