Docket No: 0703-20
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 28 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 and applicable statutes, regulations and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 18 June 1984.  During the period from 22 October 1985 to 24 June 1986, you received five non-judicial punishments (NJP).  Your offenses were failure to obey a lawful order or regulation, failure to obey a direct order, disobeying a lawful order from a superior noncommissioned officer (NCO), violation of an order from a superior NCO, failure to put in the prescribed practice time for division band, disobeying an order, and failure to prepare for band performance.   
 
On 17 September 1986, you were notified that you were being recommended for administrative discharge from the naval service because of misconduct due to a pattern of misconduct.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 29 October 1986, you were so discharged. 
 
The Board noted that character of service is based, in part, on conduct averages which are computed from marks assigned during periodic evaluations.  Your conduct average was 3.4.  An average of 4.0 in conduct was required at the time of your separation for an honorable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that the issue that led to your discharge was bad blood between yourself and a staff NCO.  The Board also considered your assertions that you have learned the value of obedience.  You are not looking for money from the VA, nor are you looking for another type of monetary benefit; you simply want to have an honorable discharge to ensure a flag is laid on your coffin and to get a conceal and carry permit.  You accept full responsibility for your actions while in the Marine Corps.   
 
After careful consideration, the Board concluded that these factors were not sufficient to warrant relief in your case based on the misconduct reflected in your service record.  There is no evidence in the record and you presented none to support your contentions.  Unfortunately, under the totality of the circumstances, the Board discerned no probable material error or injustice in the 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 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,