Docket No: 0756-20 
Date: Ref Signature 
 
               
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 2 September 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, relevant portions of your naval record, and applicable statutes, regulations and policies. 
 
You enlisted in the Marine Corps began a period of active service on 10 October 1984.  You were counseled on 5 March 1985 and 12 March 1985 for sleeping in class.  On 11 April 1985, you received non-judicial punishment (NJP) for falling asleep in class, and awarded forfeiture of pay and restriction, to be suspended for a period of six months.  On 8 May 1985, the suspension of NJP imposed on 11 April 1985 was vacated and ordered to be executed, when you received your second NJP for possessing alcoholic beverages in the barracks.  On the same day, you were counseled regarding your misconduct and notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 23 May 1985, you received your third NJP for failing to comply with restriction papers.  On 4 June 1985, you were notified of the initiation of administrative separation processing by reason of unsatisfactory performance and minor disciplinary infractions, at which point, you waived your right to consult with counsel and a hearing before an administrative discharge board.  On the same day, your commanding officer (CO) forwarded your case to the separation authority recommending your discharge by reason unsatisfactory performance and minor disciplinary infractions, with an other than honorable (OTH) characterization of service.  On 5 June 1985, a staff judge advocate determined your administrative separation proceedings to be sufficient in law and fact.  On 23 July 1985, the discharge authority concurred with your CO’s recommendation, and directed your discharge with an OTH characterization of service by reason of misconduct due to minor disciplinary infractions.  On 26 July 1985, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions you were not given adequate opportunity to prove your worth in the Marine Corps as a result of racial discrimination.  The Board noted you were sufficiently notified that further misconduct would result in the initiation of administrative separation proceedings.  Concerning your assertion of racial prejudice, there is no evidence that racial discrimination was a factor in your case.  In this regard, the Board noted that the offenses you committed did not result from discrimination.  The Board concluded your misconduct outweighed your current desire to upgrade your discharge, and discerned no impropriety or inequity in your 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,