DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0345-16 JAN 03 2017 Dear This is in reference to your application for correction ofyour 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 ofthe Board for Correction ofNa val Records, sitting in executive session, considered your application on 28 September 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 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. Regarding your request for a personal appearance, Board regulations state that personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose. In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period ofactive duty on 24 June 1987. During the period from 11 December 1987 to 16 November 1989, you received five nonjudicial punishments (NJP) for offenses including, assault on two occasions, wrongfully consuming alcoholic beverages while under the legal age of21 on three occasions, failure to obey a lawful order or regulation, and operating a motor vehicle while drunk. Subsequently, you were notified ofadministrative separation, at which time you consulted with counsel, but waived your right to an administrative discharge board (ADB). The Commanding Officer recommended administrative discharge with an other than honorable (OTH) characterization of service discharge. The separation authority approved this recommendation and directed administrative discharge with an OTH characterization ofservice, by reason of misconduct. On 12 January 1990, you were so discharged. The Board, in its review of your record and application, carefully weighed all potentially mitigating factors, such as your post-service work with the church, your educational achievements, and your contention that you believe the changes in your life over the past 25 years have warranted you a discharge upgrade. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case because ofthe seriousness ofyour repeated misconduct while on active duty. Further, the Board noted that the record shows that you were notified ofand waived your procedural right to present your case to an ADB. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization ofservice. Accordingly, 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 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 ofprobable material error or injustice. Sincerely, Executive Director