Docket No.11474-19 
Ref: Signature Date 

 
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 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  
23 September 2020.  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 enlisted in the Marine Corps and began a period of active duty on 24 June 1996.  On 7 July 1997, you were issued an administrative remarks (Page 11) counseling concerning your performance.  You were provided recommendations for corrective action and advised that failure to take corrective action may result in administrative separation or judicial proceedings.  On 3 September 1997, you received non-judicial punishment (NJP) for failure to go at the time prescribed to your appointed place of duty.  On 8 September 1997 and 9 September 1997, you received a Page 11 counseling concerning your lack of professionalism, disrespectful conduct toward your squad leader and violating a lawful written order.  On 29 December 1997, you received your second NJP for failure to obey a military protective order (MPO) and four specifications of breaking restriction.  On 19 May 1998, you received your third NJP for four specifications of disobeying an order from superior noncommissioned officer.   
 
 
Although all of your administrative separation documentation is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 17 July 1998, with an other than honorable (OTH) characterization of service by reason of misconduct due to pattern of misconduct.  
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, change your separation code and reentry code.  The Board considered your contentions that as a youth you had done many foolish deeds and did not understand the purpose of a review board, and that after having an altercation with your ex-wife, whom you state was “caught in the act of adultery,” you punished your family by waiving your right to a review board that would have brought these matters to light.   
 
After careful consideration, the Board concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in three NJPs and multiple negative administrative counseling entries.  Additionally, the Board did not find evidence of an error or injustice or sufficient evidence to warrant clemency.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.  Unfortunately, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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,