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

Docket No: 9877-19 
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 24 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.
 
You enlisted in the Marine Corps and began a period of active duty on 15 August 1988.  On 2 March 1990, you received nonjudicial punishment (NJP); however, your record is incomplete and does not contain information regarding the offense or punishment.  On 4 October 1991, you began a period of unauthorized absence (UA) that continued until you surrendered on 30 October 1991.  On 14 August 1992, you were discharged with a general (under honorable conditions) (GEN) characterization of service.

You request the Board upgrade your characterization of service to honorable.  You assert that there is nothing to warrant the GEN discharge because you served honorably, fulfilled your obligation to the Marines, and are a Desert Storm Veteran.  You claim you discovered errors on your DD Form 214 when you filed a claim with the Department of Veterans Affairs.  You state Block 12 f, should read 3 months, 25 days; Block 13 should reflect the National Defense Service Medal, Sea Service Deployment Medal (2 stars), Southwest Asia Service Medal(2 stars); Combat Action Ribbon, Kuwait Liberation Medal, Rifle Expert Badge, Pistol Expert Badge, and Good Conduct Medal.  In support of your petition, you attached a copy of another Marine’s DD Form 214, who you claim served with you in the same unit the entire time you were on active duty. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, and concluded that these factors were insufficient to warrant a change to your discharge given your misconduct.  With respect to your characterization of service, the Board noted that you provided no evidence to support your contention.  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.  With respect to your contention that you merit the Good Conduct Medal, the Board noted the notation on your DD Form 214 does not show that you received a good conduct medal, but only states the starting date (1 December 1991) for the next period for the award.  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 Good Conduct may be awarded.  The Board did not consider your request for the other awards as you have not exhausted available administrative remedies.  Lastly, the Board noted the DD Form 214 of another Marine is not relevant to your service and whether you are entitled to awards. 

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,