DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 4041-20 
Ref: Signature Date 
 
Dear : 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 7 April 2021. The names and votes of the panel members 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 the 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 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 

You entered a period of active duty on 30 June 1981. On 17 March 1982 you were counseled regarding frequent involvement in petty infractions prejudicial to good order and discipline. On 19 March 1982 you received nonjudicial punishment (NJP) for Article 92, violation of a general regulation prohibiting hashish use. On 24 August 1982 you were command referred to the Navy Alcohol Safety Action program. You received your second NJP on 27 June 1984 for Article 107, making a false official statement by giving false identifying information to shore patrol and Article 134, conduct unbecoming by allowing junior Marines to give false information to shore patrol. On 20 July 1984 you received a letter of counseling/retention warning regarding alcohol abuse and your involvement in several alcohol related incidents which had a negative impact on your overall performance. You were advised to continue participating in Family Advocacy counseling and to follow counseling program instructions. Subsequently, on 27 November 1984 you received a third NJP for a 7 day period of UA. On 13 December 1984 you were notified of administrative separation processing by reason of misconduct, consulted with counsel and waived an administrative discharge board the next day. You were discharged on 24 January 1985. 

You contend that your characterization is too harsh for minor misconduct, that you served 3 years and 7 months honorably and that your conduct while on duty was exemplary. You also state the misconduct was not service oriented, blatant, nor intentional. You further contend a Sergeant who you questioned then used his command influence against you as a personal and political issue. 

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your contentions noted above, desire to upgrade your discharge, and post-service accomplishments. Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. Additionally, whether or not an individual is entitled to veterans’ benefits is a matter under the cognizance of the Department of Veterans Affairs (VA) and you may contact the nearest office of the VA concerning your right to apply for benefits. If benefits have been denied, you may be able to appeal the denial under procedures established by the VA. 

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, 
4/30/2021 

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