DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 DocketNo: 1601-16 FEB 08 2017 Dear : This is in reference to your application for correction ofyoi.ir naval record pursuant to the provisions oftitle 10 ofthe 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 threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 30 November 2016. The names and votes ofthe 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 naval record, and applicable statutes, regulations, and policies. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. You enlisted in the Marine Corps and began a period ofactive duty on 21 June 1989. You served for 10 months without disciplinary incident, but during the period from 27 April 1990 to 7 June 1990, you received nonjudicial punishment (NJP) on two occasions. Your offenses were failure to go to your appointed place ofduty, and failure to obey a lawful order. On 1 August 1990 you were counseled concerning your delinquent financial obligations, and required to show documentation to prove concerted effort to make restitution to your creditors. Subsequently, you were notified ofpending administrative separation by reason ofmisconduct due to a pattern ofmisconduct at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ABD). Your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern ofmisconduct. On 1November1990, a finding from the Disability Evaluation System, Record Review Panel was issued for mechanical low back pain with mild spina, assigning you a 10 percent disability rating. The discharge authority approved your commanding officer's recommendation and directed separation under other than honorable conditions by reason of misconduct. On 5 December 1990, you were so discharged. The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, and your contention that you were discharge for not complying With orders that were in conflict with your back injury limitations. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case because ofyour repeated misconduct that resulted in two NJPs and counseling for failure to pay your debts. Regarding your contention, applicable regulations state, in part, that even ifa Marine is processed for separation by reason of a medical condition, if the Marine meets the requirements of another reason, such as misconduct, the Marine will be separated for latter reason. Accordingly, you application has been denied. It is regre~ed that the circumstances ofyour case are such that fa~rable 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 ofthe 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 ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director