Docket No: 1183-20 
Ref: Signature date 




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 with respect to your request to upgrade your characterization of service 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 11 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, 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 4 October 1976.  You reenlisted on 17 December 1979 and again on 14 March 1984.  You served without incident, having received prior honorable discharges until approximately 23 April 1984, when you were arrested for involvement in a conspiracy to commit murder.  On 22 June 1984, you were notified that you were being processed for administrative discharge, and you elected your right to an administrative board.  The administrative board was held on 26 July 1984, 6 August 1984, and 13 August 1984.  The board determined that you had committed misconduct, that you should be discharged, and that your characterization should be under other than honorable conditions.  You were discharged on 20 September 1984, with an other than honorable characterization of service. 

The Board carefully weighed all of your contentions and mitigating factors, which include that you made sacrifices while in the Marine Corps, and your provided some background and context to the crime for which you were charged.  After careful and conscientious review of your entire record and application, however, 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.