Docket No: 1233-20
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 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 13 November 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, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active service on 26 October 1988.  On 2 November 1989, you were counseled regarding your substandard performance.  On 11 December 1989, you received non-judicial punishment (NJP) for unlawfully uttering checks with insufficient funds in the amount of $500.  On 20 June 1990, you were convicted at a special court martial (SPCM) for unlawfully uttering checks without sufficient funds in the amount of $1750.  You were sentenced to forfeiture of pay, confinement, reduction in rank, and a bad conduct discharge (BCD).  On 24 September 1990, the convening authority suspended your BCD for a period of six months.  From the period beginning on 11 October 1990 to 17 March 1992 you were counseled regarding your misconduct on three occasions.  On 30 April 1992, you received NJP for unauthorized absence (UA).  On 9 June 1992, you were notified of the initiation of administrative separation proceedings for misconduct-minor disciplinary infractions, and pattern of misconduct.  On 15 June 1992, you exercised your right to consult with counsel and a hearing before an administrative discharge board (ADB).  On the same day, your commanding officer recommended your discharge from the Marine Corps with an other than honorable (OTH) characterization of service.  On 13 July 1992, you elected to waive your right to a hearing before an administrative discharge board (ADB).  On 17 July 1992, your administrative separation proceedings were determined to be sufficient in law and fact by the staff judge advocate (SJA).  On 17 August 1992, you were discharged with an OTH characterization of service for misconduct-pattern of misconduct.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, a favorable narrative reason for separation, separation code and reentry code.  You contend you have been unable to obtain gainful employment due to your current characterization of service.  The Board reviewed your statements regarding the misconduct you committed while serving in the Marine Corps.  The Board also reviewed all the materials you submitted with your application.  The Board commends your post service conduct and personal as well as professional accomplishments.  Notwithstanding, the Board noted your continued misconduct following the suspension of your BCD.  In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Marine Corps, the length of your active duty service to our nation, and your post-discharge achievements.  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
   
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.  
 
 Sincerely,