DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 1285-20 
Ref: Signature Date 

This letter is in reference to your reconsideration request received on 31 January 2020.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your request on 19 March 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.  

The Board carefully considered your arguments that you deserve a discharge upgrade. You assert that you were discharged with an other than honorable characterization of service based on your inability to follow orders due to an injury you suffered while on active duty.  Unfortunately, the Board disagreed with your rationale for relief. In examining your record, the Board noted that you received two non-judicial punishments in 1990 for six instances of unauthorized absence and one orders violation.  In addition, you were counseled for failing to meet your financial obligations on 1 August 1990.  Based on this evidence of misconduct, the Board concluded that you were appropriately assigned an other than honorable characterization of service.  An other than honorable characterization of service may be issued when the reason for separation is based upon behavior or omission that constitutes a significant departure from the conduct expected of a Marine.  The Board concluded that your six incidents of unauthorized absence based on failure to go to an appointed place of duty was a significant departure from conduct expected of a Marine.  Irrespective of your ability to perform a duty, a Marine is expected to be at their appointed place of duty as ordered by their superior.  The Board determined that your repeated failure to do so, despite your previous punishment, was significant since it had the potential to negatively affect the good order and discipline of your unit.  When your repeated misconduct was weighed against your brief period of active duty, the Board concluded that your characterization of service was correctly assigned at the time of your discharge and remains appropriate.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

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 issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.  

It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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, 

3/27/2020