Docket No: 2091-20 
Ref: Signature Date 


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 19 May 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. 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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. 

You enlisted in the Marine Corps and began a period of active duty on 14 June 1978.  In June 1979, you were counseled for failure to maintain sufficient funds for the payment of checks drawn on your bank account.  You were again counseled in October 1979 and November 1979, concerning your lax and careless attitude and being paid COMRATS on a monthly basis which you did not rate.  On 15 January 1980, you received nonjudicial punishment (NJP) for being absent from field day.  On 27 January 1980, you received a second NJP for disrespectful language toward a superior noncommissioned officer and leaving your post as a sentinel before being properly relieved of duty.  In the fall of 1980, you received a third NJPs for two specifications of unauthorized absence (UA).  On 28 November 1980, you again received NJP for a period of UA from your appointed place of duty.  On 30 October 1981, you received NJP for preparing a travel voucher for presentment to a person authorized to approve, allow, and pay the voucher, a false claim in the recovery amount of $135.36.  In December 1981, you were counseled concerning repeatedly reporting late to work and the performance of duties, an attitude that is not conducive to a healthy working relationship with your peers.  On 2 February 1982, you were arrested by civil authorities for four counts of worthless checks.  On 23 April 1982, you were found guilty at summary court-martial for violating Article 86 of the Uniform Code of Military Justice.  On 16 June 1982, you received NJP for three specifications of UA.  On 17 June 1982, your Commanding Officer recommended that you be administratively discharged due to misconduct, including six NJPs and one summary court-martial.  On 29 June 1982, the Staff Judge Advocate reviewed the recommendation that you be administratively separated with an other than honorable characterization of service and found it sufficient in law and fact.  On 7 July 1982, you were discharged from the Marine Corps for misconduct due to frequent involvement and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

You request an upgrade to your characterization of service from other than honorable to honorable.  You state that at the time of your discharge, you were very young and somewhat irresponsible.  You also had no idea of the ramifications the other than honorable discharge would have.  At 59 years old, you have gotten your credit and your life in order.  You state there are many excellent programs now offered by the Department of Veterans Affairs (VA) that would aid you in your personal development.  You are hopeful that this process will allow you to continue on the positive path that your military service started.
 
The Board carefully weighed all potentially mitigating factors, including your youth and your lack of understanding of the far-reaching impact an other than honorable discharge would have.  The Board reviewed your contentions and the information you provided about your post-service conduct, in light of the available information in your record.  The Board found that your other than honorable characterization of service is supported by your six NJPs and summary court-martial conviction, and the evidence you submitted with your application does not overcome the misconduct documented in your record. The Board concluded that your other than honorable discharge was properly issued, and that it does not reflect either an error or an injustice. 

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.