Docket No: 86-20 
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 22 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 on 8 January 1986.  During the period from 30 December 1987 to 28 September 1988, you received three non-judicial punishments for unauthorized absence (UA) totaling five days, disobeying a lawful order, wrongful use of cocaine, failure to go at prescribed time to appointed place of duty, and absence from appointed place of duty.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to a pattern of misconduct and recommended you receive an other than honorable (OTH) discharge due to a pattern of misconduct.  The discharge authority concurred with the ADB and directed an OTH discharge by reason of misconduct.  On 14 December 1988, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contentions that you received a Good Conduct Medal (GCM) and you were a good Marine that got a hard deal.  In this regard, the Board concluded that your repeated misconduct outweighed your desire to upgrade your discharge.  
 
In regard to your contention that you received a GCM, the Board noted that the record contains documented evidence which is contrary to your contention.  The record clearly shows that your GCM commencement date of 2 June 1988 was a result of you receiving NJP, which meant you were available to receive the GCM three years from 2 June 1988 absent further misconduct.  Regarding your contention that you were a good Marine that got a hard deal, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current period of enlistment.   
     
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,