Docket No: 2103-18 

Dear 

This letter is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, United States Code, Section 1552. After careful and conscientious 
consideration of the entire record, the 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 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 From 
the period beginning on you received non-judicial punishment 
(NJP) on six occasions for the following offenses: five specifications of unauthorized absence 
(UA), failure to properly perform assigned duties due to the indulgence of alcohol, wrongful 
tempering and falsifying an official document, UA from your appointed place of duty, two 
specifications of assault, and wrongful possession with intent to deceive of a liberty pass. 
Subsequently, you were notified of the initiation of administrative separation processing by 
reason of frequent involvement on your commanding officer 
recommended you for discharge by reason of unfitness, frequent involvement, which was found 
to be sufficient in law and fact. On the discharge authority approved and directed 
an other than honorable discharge. You were discharged on On 
the Naval Discharge Review Board (NDRB) upgraded the characterization of your discharge to 
general under honorable conditions. 

The Board carefully weighed all potentially mitigating factors, such as your youth, desire to 
upgrade your discharge, contention that you were involved in an altercation with MPs after 
sneaking back on base, you never missed any duty, you served honorably in you were 
discharged unfairly, and you made decisions under duress. Additionally, you state you served 
honorably in and you are now an upstanding citizen. The Board commends your efforts 
to be an upstanding citizen. Notwithstanding, the Board noted you provided no evidence to 
support your contention. The Board concluded that these factors were not sufficient to warrant 
an upgrading to your discharge based on your repeated misconduct, which resulted in six NJPs. 
The Board in its review discerned no impropriety or inequity in your discharge. 


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,