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

Docket No: 1421-20 Date:
Ref Signature 

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 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 26 February 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 service on 13 August 1985.  On 18 August 1987, you were counseled regarding your poor performance, lack of dedication to duty, and decline in motivation; and you were notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 25 August 1987, you received non-judicial punishment (NJP) for failure to go to your prescribed place of duty.  As a result of the foregoing, you were awarded forfeiture of pay, restriction, and extra duties, to be suspended for a period of 6 months.  On 23 September 1987, the suspension of NJP imposed on 25 August 1987 was vacated and ordered to be executed.  On 26 October 1987, you were not recommended for promotion to CPL due to your recent involvement with military authorities.  On 31 March 1988, you received NJP for two specifications of disobeying a lawful order, insubordinate conduct, disrespect toward a commissioned officer, and disobeying a lawful order from a commissioned officer.  As a result of the foregoing, you were awarded forfeiture of pay, restriction, and extra duty, to be suspended for a period of 6 months.  On 19 April 1988, you were counseled regarding your frequent involvement with military authorities.  On 27 April 1988, you received NJP for insubordinate conduct toward a non-commissioned officer (NCO) and threatening to assault an NCO.  As a result of the foregoing, you were awarded forfeiture of pay, restriction, and extra duty, to be suspended for a period of 6 months.  On 29 April 1988, your appeal of NJP imposed on 27 April 1988 was denied.  You went on a period of unauthorized absence (UA) from 2 May 1988 until your surrender on 19 May 1988.  On 20 May 1988, the suspension of NJP imposed on 31 March 1988 was vacated and ordered to be executed. On 25 May 1988, the suspension of NJP imposed on 27 April 1988 was vacated and ordered to be executed.  On 19 July 1988, you were notified of the initiation of administrative separation processing by reason of misconduct-minor disciplinary infractions and misconduct-pattern of misconduct, at which point, you waived counsel and your procedural rights.  On 25 July 1988, the staff judge advocate (SJA) determined your administrative separation proceedings to be sufficient in law and fact and, considering the circumstances of your case, opined that a misconduct discharge with a general characterization of service was warranted.  On 25 July 1988, the discharge authority concurred with the SJA’s recommendation, and directed your discharge with a general characterization of service by reason of misconduct-minor disciplinary infractions.  On 18 August 1988, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board reviewed all of the evidence submitted with your application and the following contentions:  (1) your misconduct was a result of family hardship; (2) you were deprived the ability to apply for a hardship discharge and coerced to accept a general characterization of service; and (3) your post service conduct has reflected continued commitment to your community and the Marine Corps.  The Board commends your post service accomplishments.  Notwithstanding, the Board noted you were sufficiently notified of your procedural rights, and you elected to waive such rights.  The Board noted you did not provide evidence to support your contention that you were deprived of your ability to apply for a hardship discharge.  Further, the Board noted the record reflects that your command considered your circumstances; however, it was determined that, due to your misconduct, administrative separation processing was appropriate.  Moreover, the Board determined the family hardship you experienced did not mitigate the severity of your repeated misconduct.  The Board concluded that your misconduct outweighed your current desire to upgrade your discharge.  The Board in it review 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.  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,