Docket No: 3537-18
Date: Ref Signature 



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 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 22 May 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, as well as applicable statutes, regulations, and policies. 

You began a period of active duty in the Marine Corps on 14 May 1982.  From the period beginning on 29 June 1983 to 2 June 1984 you received three nonjudicial punishments (NJP) for willfully disobeying a lawful order, failure to go at the prescribed time to your appointed place of duty, willfully disobeying a verbal order, and unauthorized absence. You were counseled on 22 August 1984 for your frequent involvement with military authorities, and multiple periods of UA, and you were notified further deficiencies may result in administrative separation processing. On 19 September 1984, you received NJP for three specifications of UA, willfully disobeying a lawful order, and failure to obey a lawful order. You were notified of administrative separation processing by reason of misconduct, minor disciplinary infractions.  Your commanding officer recommended an other than honorable (OTH) characterization of service. The discharge authority approved and directed an OTH by reason of misconduct, minor disciplinary infraction, and you were discharged on 7 December 1984. 

The Board carefully weighed all potentially mitigating factors, such your contention you were severely injured after being involved in a physical altercation with your commanding officer and another Marine. The Board concluded, however, that the severity of your repeated misconduct warranted an OTH discharge. The Board, in its review, discerned no material error or injustice in the discharge. Additionally, the Board considered the information you submitted regarding your post-service achievements and the 25 July 2018 Under Secretary of Defense memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” The Board found, however, that clemency was also not warranted given the circumstances of your case. 

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. 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,