Docket No: 0330-20 
Ref: Signature Date 
 
  
 
Dear : 
 
This letter 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 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  
23 October 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 1 July 1987.  On 11 January 1990, you were convicted at a special court martial (SPCM) of wrongful use of cocaine.  On 19 January 1990, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 10 April 1990, you received NJP for uttering worthless checks, violating a lawful order, and driving a motor vehicle while impaired.  You went on two period of UA from 6 May 1990 until 23 August 1990, and 4 September 1990 until 10 October 1990. Although your record is incomplete. Based on your DD Form 214, it appears you submitted a written request for a good of the service (GOS) discharge in order to avoid trial by court-martial for your periods of unauthorized absence.  You were discharged on 14 December 1990 with an other than honorable (OTH) characterization of service.    
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that: (a) your mother was ill, and you were sent home on Red Cross leave; (b) you were accused of shirking your duties; and (c) you were a squared away Marine.  In the absence of any additional evidence to support these contentions, the Board noted that, as detailed above, prior to your GOS request for discharge, your record reflects misconduct that resulted in one SPCM, and two NJPs.  Accordingly, after careful consideration of your contentions, the Board concluded that the misconduct reflected in your record outweighed your current desire to upgrade your 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 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. 
 
Sincerely,