Docket No:  10568-18 

Dear  
 
This is in reference to your application of 18 November 2019 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 28 October 2019.  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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 14 July 1992.  On 17 December 1992, you were counseled for alteration of official documents.  On 27 June 1993, you were counseled for failure to pay debts and bad checks.  On 29 June 1993, you were notified that you were not recommended for promotion to E-3.  On 4 November 1993, you received non-judicial punishment (NJP) for dishonorable failure to pay debts.  On 15 August 1994, you went into an unauthorized absence status and were arrested in for auto theft on 29 August 1994.  On 25 October 1994, you were notified that you were being separated from the naval service by reason of misconduct due to commission of a serious offense.  On 4 November 1994, you waived your right to consult with counsel, and to present your case to an administrative discharge board.  On 29 November 1994, your Commanding Officer (CO) recommended that you be separated with an under other than honorable (OTH) characterization of service.  On 6 January 1995, the separation authority concurred, and approved the administrative discharge with an OTH discharge.  On 13 January 1995, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and reason for your discharge, and assertions that you recognize that the AWOL and the arrest for driving a stolen vehicle are not aligned with the high expectations of the Marines.  Additionally, the Board considered your assertions that you are truly repentant about this misconduct and how you have grown tremendously as an individual and have proven to yourself, your family, and your community that you are a man of outstanding character and integrity.  Also, the Board considered your assertions that you are haunted by your unfavorable discharge and it remains on the forefront of your mind.  Finally, the Board considered your assertions that you were improperly stigmatized and harmed by your other than honorable discharge.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in two counselings, NJP for bad debts and your civilian arrest.   
 
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.