Docket No: 2193-20 
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 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  
16 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 and 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.   
  
You enlisted in the Marine Corps and began a period of active duty on 26 April 1985.  On 5 September 1985, you received nonjudicial punishment (NJP) for wrongfully possessing alcohol beverages in an unauthorized area.  On 9 July and 22 September 1986, you were counseled concerning your personal appearance, substandard performance, reliability and moral fitness.  You were warned on both occasions that failure to correct your deficiencies could result in administrative discharge action.  On 5 November 1986, you received NJP for wrongfully possessing alcohol beverages in the barracks.  On 19 February 1988, you received NJP for two specifications of failing to be at your appointed place of duty.  On 26 February 1988, you were notified of administrative discharge action by reason of misconduct due to minor disciplinary infractions.  After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB).  On 1 March 1988, your case was forwarded with the recommendation that you receive an other than honorable (OTH) discharge by reason of misconduct due to minor disciplinary infractions.  On 28 March 1988, the ADB found that you had committed misconduct and recommended you receive an OTH discharge.  Your case was forwarded to the separation authority, and on 11 May 1988, it was directed that you receive an OTH discharge by reason of misconduct due to minor disciplinary infractions.  On 20 May 1988, you were discharged from the Marine Corps with an OTH characterization of service.    
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded.  The Board also considered your assertions that you were regularly harassed, that other service members left alcohol in the duty area and blamed it on you, and it caused you to be demoted.  The Board additionally considered your assertions that when you received disciplinary action, your senior officers would not listen to your pleas.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service given the misconduct detailed in your service record.  
  
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 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,