Docket No: 1585-20 
Ref: Signature Date 


This is in reference to your application of 31 January 2020 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, 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 28 April 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 duty on 28 September 1979. You received non-judicial punishment (NJP) on 24 March 1980, due to possession of marijuana.  On 8 January 1981, you received a second NJP for stealing one pair of tennis shoes, the property of another Marine.  On 4 February 1981, you received a third NJP for wrongfully having traces of marijuana in your possession.  On 4 January 1982, you received a fourth NJP for dereliction in the performance of your duty in that you were found sitting in a M151 jeep while on post.  On 20 March 1982, you received an NJP for wrongfully urinating on the deck of a tank and wrongfully quitting your post.  On 10 August 1982, you received an NJP for wrongfully possessing marijuana and wrongfully possessing paraphernalia.  On 12 October 1992, Commanding Officer, recommended your administrative separation with an other than honorable characterization on the basis of misconduct due to your six NJPs.  On 1 December 1982, you were discharged on the basis of misconduct-pattern of misconduct (w/o administrative board), and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

In your application for correction, you request an upgrade to your discharge characterization from other than honorable to general.  You believe that the other than honorable characterization was too severe for your offenses.  You also assert that your current characterization of discharge has prevented you from obtaining benefits. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your assertion that the other than honorable discharge characterization was overly severe.  The Board reviewed the information in your record and noted that you incurred six NJPs from April 1980 through August 1982. The Board found that your assertion of overly severe punishment is not supported by the evidence in your record.  The Board also considered that you waived your right to appear before an administrative separation board, thereby accepting the administrative separation processing with the possibility of an other than honorable characterization of service.  The Board determined that your current discharge characterization is supported by the six NJPs in your record.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 

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. 

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