Docket No: 5201-20
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, sitting in executive session, considered your application on 25 November 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 2 June 1983.  During the period from 23 April 1985 to 22 July 1986, you received non-judicial punishment (NJP) three times.  Your offenses were, drinking while on duty, disrespect in language toward a noncommissioned officer, violation of a lawful written order by wrongfully having females in your bachelor enlisted quarters and communicating a threat to a superior noncommissioned officer. 
 
Subsequently, on 24 July 1986, you were notified that you were being recommended for administrative discharge from the Marine Corps by reason of misconduct due to pattern of misconduct.  You were advised of, and waived your procedural right to consult with and to be represented by military counsel, and your right to present your case to an administrative discharge board.  Your commanding officer (CO) forwarded your package to the separation authority recommending (SA) your administrative discharge from the Marine Corps with an other than honorable (OTH) characterization of service.  The SA approved your CO’s recommendation and directed your separation from the naval service with an OTH characterization of service.  On 10 October 1986, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you were not given a fair discharge, and your leadership did not provide counseling or rehabilitation to help you get through a tough time emotionally in your life.  You assert that instead, they wrote you off and expedited your discharge.  You further state that you began to have stress in your life when your mother’s boyfriend became abusive toward her, which culminated in your mother killing her boyfriend and going to jail.  You also assert that you had a Sergeant that you felt had a personal vendetta against you.  Finally, you assert that you had friends and fellow service members who were killed on duty, and you were not given any type of professional counseling and believe that you began to self-medicate to deal with the emotional issues.   
 
The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board noted that you have submitted no evidence and your record does not contain any evidence to support your contention that you were not given a fair discharge, nor have you presented evidence that you sought assistance through your chain of command.   
 
After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your misconduct warranted an OTH characterization of service given the seriousness of your misconduct.  
 
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,