Docket No: 2416-20 
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 for Correction of Naval Records, sitting in executive session, considered your application on 2 June 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, applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined 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 3 November 1986.   On 31 August 1987, you received nonjudicial punishment (NJP) for disrespect and breach of peace.  On 14 March 1988, you received NJP for disrespect and disobeying a lawful order.  On 11 April 1988, you were counseled for violating curfew in the         .  On 1 June 1988, you received NJP for altering a military identification card.  On 18 August 1988, you received NJP for disrespect and disorderly conduct.  Subsequently, you were notified of administrative separation processing by reason of misconduct due to a pattern of misconduct.  You consulted with counsel and requested an administrative discharge board (ADB).  On 19 September 1988, the ADB recommended you be discharged with a general (under honorable conditions) character of service by reason of misconduct due to a pattern of misconduct.  On 31 October 1988, your commanding officer concurred with the ADB’s recommendation.  On 12 December 1988, the separation authority directed you be discharged with a general (under honorable conditions) character of service and on 20 December 1988, you were so discharged.     
 
The Board carefully weighed your desire to upgrade your discharge and all potentially mitigating factors, such as your taking responsibility for your in-service misconduct and your post-service accomplishments.  After careful consideration of your request, to include reviewing your request under the Under Secretary of Defense’s “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” memo of 25 July 2018, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.   
 
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.