DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9379-18 Ref: Signature date Dear This 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 23 September 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, 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 1 August 1985. On 8 July 1986, you were counseled for failure to obey a lawful order (FOLO). On 1 October 1986, you received nonjudicial punishment (NJP) for unauthorized absence (UA) and FOLO. On 23 October 1986, you were counseled concerning your frequent involvement with military authorities of a discreditable nature and warned that failure to correct your deficiencies in performance and/or conduct could result in an administrative separation. On 12 December 1986, you were convicted by summary court-martial (SCM) for violating Uniform Code of Military Justice (UCMJ) Article 86 (UA) and Article 91 (Insubordination) and sentenced to forfeiture of pay, restriction, and reduction in rank. On 3 March 1987, you were counseled regarding your civilian Driving While Intoxicated (DWI) offense. On 13 May 1987, you were counseled regarding writing checks without sufficient funds. Subsequently, administrative discharge action was initiated by reason of pattern of misconduct. On 15 June 1987, you were counseled that you were not recommended for reenlistment and you were assigned a reentry (RE) code of RE-4. On 19 June 1987, you received an under other than honorable (OTH) conditions discharge. You requested the Board upgrade your discharge to honorable. You asserted you got a DWI in Washington State and were ordered to alcohol rehabilitation which you completed, but you were still administratively separated. You stated you wanted to remain in the Marine Corps and were awaiting transfer to a squadron before the separation occurred. You believe your separation was unjust because you were young and didn’t have proper guidance. You claimed your officers believed the non-commissioned officers and disregarded the input of junior Marines. You stated your unjust NJP removed stripes, took many months of pay, and restricted to base for relatively minor infractions. Lastly, you stated you have been successful in your post-service life and you wished you had been given another opportunity on a different base. The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded your mitigating factors were insufficient to warrant a change to your discharge given your misconduct that resulted in both NJP and SCM after you had been warned about the potential for administrative separation. With respect to your contention that your NJP was unjust, the Board noted that you provided no evidence to support your contentions. Absent of such evidence, the Board relied upon the presumption of regularity and presumed the officials acted in good faith according to governing law and policy. Also, the Board noted you were awarded reduction of one rank, and forfeiture of pay and restriction for one month vice many months. With respect to your contention that you completed alcohol rehabilitation following your DWI, but you were still separated, the Board noted that your DWI occurred after you had been counseled, received NJP and were convicted at a SCM. Also, after your DWI you committed additional misconduct of writing bad checks. Your separation was not solely based on your DWI, but rather on your pattern of misconduct. Lastly, there is no provision of law or regulation that allows for recharacterization of service due solely to the passage of time. 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.