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

Docket No: 4699-18 

 Ref: Signature Date 

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 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 25 June 
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 on 9 March 1993. During the period from 23 September 1993 
to 3 February 1994, you received two warnings for failure to go to appointed place of duty and 
failure to march to school. You also received non-judicial punishments (NJP) twice, for six 
instances of failure to go to appointed place of duty and four instances of disobeying a lawful 
order. Subsequently, you were notified of the initiation of, and your rights with respect to, 
administrative separation processing by reason of misconduct due to minor infractions. After 
you waived your rights, your commanding officer (CO) recommended that you be discharged 
with an other than honorable (OTH) characterization of service. The discharge authority 
approved this recommendation and directed that you be separated with an OTH characterization 
of service. On 10 May 1994, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and contention that you have rehabilitated yourself since discharge. However, 
the Board concluded that these factors were not sufficient to warrant relief in your case given the 
seriousness of your misconduct resulting in two NJPs. 

In regard to the contention that you have rehabilitated yourself since discharge, the Board noted 
while commendable, your post service conduct does not excuse your conduct while enlisted in 
the Marine Corps or the basis for 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.