Docket No: 9597-19 
Ref: Signature date 
 

Dear  : 
 
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. 
 
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 that a personal appearance was not necessary and considered the case based on the evidence of record. 
 
You enlisted in the Marine Corps on 6 September 1977.  On 21 March 1979, you were convicted by a special court-martial for uttering 38 checks with the intent to defraud.  You then submitted a request for hardship discharge on 25 June 1979.  On 3 August 1979, your request for hardship discharge was denied.  On 15 October 1979, you commenced a period of unauthorized absence until you surrendered on 8 March 1982.  Your case was submitted to a special court-martial on or about 21 March 1979, and, according to the available records, you were not convicted by a special court-martial.  On 7 May 1982, you were notified of administrative separation due to unsuitability and apathy.  On 20 May 1982, you were discharged with a general characterization of service. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  In your petition, you contend that you were wrongfully incarcerated while in the service, and that the charges were dropped.  You contend that you had above average to outstanding marks while in the Navy.  The Board noted that, contrary to your assertions, setting aside your lengthy period of unauthorized absence, during your enlistment, you had a special court-martial for uttering 38 worthless checks with the intent to defraud, and your final trait average of your marks was 2.9.  Prior to your lengthy UA and your 1979 court-martial, your marks were 3.2 for professional performance and 2.8 for all other observed traits.  These are not above average to outstanding marks.  Accordingly, the Board found that a general characterization was consistent with your performance.  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,