Docket No: 2723-20 
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 9 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.  
  
You enlisted in the Marine Corps and began a period of active duty on 12 December 1978.  On 27 July 1979, you received nonjudicial punishment (NJP) for three specifications of Article 134 of the Uniformed Code of Military Justice (UCMJ) and destruction of military property.  On 22 April 1980, you received NJP for three specifications of unauthorized absence (UA) and willful disobedience of lawful order. On 20 October 1980, you received NJP for unauthorized absence totaling three days and failure to obey an order or regulation. On 23 February 1981, you received NJP for false official statement.  On 20 July 1981, you were notified of administrative discharge processing by reason of misconduct due to frequent involvement with civil and military authorities.  You consulted with counsel and waived your right to an administrative discharge board (ADB).  On 23 July 1981, your commanding officer recommended an under other than honorable (OTH) conditions character of service.  On 27 July 1981, you received NJP for failure to obey a lawful order and UA.  On 5 August 1981, your separation was found legally sufficient by the staff judge advocate.  On 12 August 1981, the discharge authority directed discharge with an OTH character of service and on 27 August 1981, you were discharged. 
 
The Board carefully weighed your desire to upgrade your discharge and all potentially mitigating factors, such as your assertions that your UCMJ actions were in error because they were signed by a Chief Warrant Officer Two, you were charged with article 91 of the UCMJ without your knowledge, you were assaulted by an NCO (E-5) for not following an unclear instruction sent down from the chain of command (no charges were leveled against the NCO and the incident was swept under the mat), and you never had an assault charge, a sex charge or anything to get you kicked out the U.S. Marine Corps. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge.  In regards to your assertions, the Board noted there was nothing in the records regarding the alleged attack on you and you did not provide any supporting documentation.  In regards to your NJPs, there is no indication of error in the processing or signature on each entry.  Additionally, you did not appeal your punishment at any of your NJPs.  Lastly, based upon your repeated misconduct which resulted in five NJPs, you met the requirements for an administrative 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 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, 

9/13/2020

Executive Director