Docket No: 3949-19 
Date: Ref Signature 

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 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 4 June 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active service on 19 September 1989.  On 22 May 1990, you received non-judicial punishment (NJP) for failure to go to your prescribed place of duty, and violation of a lawful order.  On 21 March 1991, you received NJP for assault.  From the period beginning on 24 September 1991 to 28 October 1991 you were counseled on three occasions regarding your misconduct.  On 7 May 1992, you received NJP for insubordinate conduct.  On 3 June 1992, you were notified of the initiation of administrative separation proceedings by reason of misconduct-minor disciplinary infractions, at which point, you waived your right to consult with counsel and your procedural rights.  On the same day, your Commanding Officer recommended your discharge with an other than honorable (OTH) characterization of service for misconduct-minor disciplinary infractions.  On 22 June 1992, you received NJP for UA.  On 9 July 1992, your administrative separation proceedings were found to be sufficient in law and fact.  On 13 July 1992, the discharge authority approved and directed your discharge with an OTH characterization of service by reason of misconduct-minor disciplinary infractions.  On 24 July 1992, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you tried a contract with the Army to change your characterization of service.  The Board reviewed of all evidence submitted with your application.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 

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.