DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2731-16 FEB 01 2017 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of title 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 oflimitations and consider your application on its merits. A threemember panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 16 November 2016. The names and votes of the members ofthe panel will be furnished upon request. Your allegations oferror 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 ofyour 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 of active duty on 22 December 1983. You served for a year and 10 months without disciplinary incident, bµt during the period from. 16 October 1985 to 19 November 1986, you received nonjudicial punishment (NJP) on three occasions. Your offenses were failure to obey a lawful order wrongful distribution and use of marijuana, willfully disobey a lawful order from a commissioned officer, wrongful appropriation ofan automobile. Subsequently, you were notified ofpending administrative separation by reason ofmisconduct due to minor disciplinary infractions at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB). Your commanding officer recommended discharge under other than honorable cortditions by reason ofmisconduct due to minor disciplinary infractions. On 7 January 1987, you once again received NJP, for breaking restriction. The discharge authority approved the recommendation from your commanding officer and directed separation under other than honorable conditions by reason ofmisconduct, on 12 February 1987, you were so discharged. The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your 26 years ofcommendable service with the Pennsylvania Department ofCorrection, your statement that you were only 10 months away from completing your enlistment, and your contentions that you were a good Marine and proud to serve the country. There is no provision oflaw or in Navy/Marine Corps regulation that allows for recharacterization ofservice due solely to the passage of time/good behavior after discharge. The Board concluded these factors were not sufficient to warrant relief in your case because ofyour repeated misconduct that resulted in four NJPs. Further, you were given an opportunity to. defend your actions, but waived your procedural rights. The Board concluded that your misconduct outweighed your desire to upgrade your discharge. Acqordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew 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 of regularity 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 ofprobable material error or injustice. Sincerely, Executive Director