Docket No: 5188-20
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 December 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 on 29 May 1985.  On 19 November 1986, you received non-judicial punishment (NJP) for driving while intoxicated (DWI).  On 9 September 1987, you received a warning counseling on your lack of financial responsibility due to your failure to make retribution for dishonored personal checks and displaying a pattern of substandard performance.  During the period from 9 September 1987 to 14 October 1987, you received two NJPs for three specifications of absence from appointed place of duty.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to minor disciplinary infractions.  After waiving your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to minor disciplinary infractions.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 11 December 1987, you were discharged.    
 
The Board carefully weighed all potentially mitigating factors, such as character letters submitted on your behalf, your desire to upgrade your discharge and your contentions that your misconduct was due to a personality conflict between you and the new lieutenant, you were going through a divorce, and you need Department of Veteran Affairs (DVA) benefits.  In this regard, the Board concluded that your misconduct outweighed your desire to upgrade your discharge.  
 
In regard to your contentions that your misconduct was due to a personality conflict between you and the new lieutenant and you were going through a divorce, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service.  Regarding your contention that you need DVA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA. 
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Marine Corps, the length of your active duty service to our nation, and your post-discharge achievements.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
  
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,