Docket No: 6113-20 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 19 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. You enlisted in the Marine Corps on 30 April 1987. During the period from 24 September to 3 December 1987, you received three counseling’s for having a lackadaisical attitude toward assigned tasks, inability to comply with simple instructions and procedures, your poor military performance, and losing your military ID card. On 9 December 1987, you received non-judicial punishment (NJP) for three specifications of absence from appointed place of duty. On 5 February 1988, you received an additional NJP for failure to obey a lawful order. 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 21 March 1988, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and change your reenlistment code and narrative reason for separation, and your contentions that you were told your discharge could be upgraded in three years and you had medical issues and alcohol problems prior to discharge. The Board also noted your contentions that since discharge, you turned your life around, you have been employed by Department of Child Safety, you are in good standing within the community, and you have been on the right path for the last 20 years. In this regard, the Board concluded that your misconduct and poor duty performance as reflected in your service record outweighed your desire to upgrade your discharge, change your reenlistment code, and change the narrative reason for separation. In regard to your contention that you were told your discharge could be upgraded in three years. The Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically, due solely to the passage of time. In regard to your contention that you had medical issues and alcohol problems prior to discharge, 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 Discharge 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 post-service conduct, the Board noted while commendable, this does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge. 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. However, 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. 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,