DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 

Docket No: 8581 -1 5 
DEC 2 0 2016 


Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10, United States Code, section 1552. 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 ofNaval Records, sitting in executive session, considered your application on 25 August 2016. The names and votes of the members ofthe 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 ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your record, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps on 16 November 1989 and served one month without disciplinary incident. Between 14 December 1989 and 19 August 1992, you received three nonjudicial punishments (NJP) for being drunk and disorderly, disrespect, and writing bad checks, and you were counseled six times for marijuana use, underage drinking, being drunk and disorderly, financial irresponsibility, disrespect, irresponsible use ofalcohol, and racial speech. As a result of the foregoing pattern of misconduct, you were notified ofproposed administrative separation action by reason ofmisconduct due to a pattern ofmisconduct. You elected to consult with legal counsel and requested to have your case presented to an administrative discharge board (ADB). 
The ADB found you committed misconduct due to a pattern of misconduct and recommended separation under other than honorable (OTH) conditions. The separation authority approved this recommendation and directed an OTH discharge by reason ofmisconduct. On 11January1993, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors such as your desire to upgrade your discharge and your contention you did not receive counseling after returning from deployment in the Middle East. Nevertheless, the Board found these factors were not sufficient to warrant relief in your case given the seriousness of your misconduct. In this regard, the Board concluded the severity ofyour misconduct outweighed your desire to upgrade your discharge and clearly supported the commanding officer's decision to issue you an OTH discharge. Accordingly, your application has been denied. 

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 and material evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in your case. In this regard, it is important to keep in mind that a presumption ofregularity 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. 
I . . 

 
Executive Director