DEPARTMENT OF THE NAVY 

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

Docket No: 8191-16 

NOV 29 2017 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle 10 of the 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 ofNaval Records, sitting in executive session, 
considered your application on 17 October 2017. The names and votes ofthe 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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. 

You enlisted in the Marine Corps on 29 January 1980. During the period from 31March1982 to 
5 August 1983, you received nonjudicial punishments (NJP) on four occasions for conspiracy to 
commit larceny, larceny, assault with a dangerous weapon, drunk and disorderly, and failure to 
go to appointed place ofduty. Subsequently, you. were notified ofpending administrative 
separation action by reason ofmisconduct due to a pattern ofmisconduct. After you waived 
your procedural rights, your Commanding Officer recommended discharge under other than 
honorable (OTH) conditions, by reason ofmisconduct due to a pattern ofmisconduct. The 
discharge authority approved this recommendation and directed separation under other than 
honorable conditions by reason of misconduct. On 6 January 1984 you were discharged with an 
other than honorable characterization of service. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. The 
Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
discharge and your contention that your discharge should be honorable because you served four 
years in the Marine Corps. However, the Board concluded that these factors were not sufficient 
to warrant relief given your misconduct. In this regard, the Board concluded that the seriousness 
ofyour misconduct, which resulted in four NJPs, outweighed your desire to upgrade your 
discharge and clearly supports the Commanding Officer's decision to issue you an OTH 
discharge. In regards to your contention, the Board noted that a Marine's service is characterized 
at the time ofdischarge based on performance during the current enlistment. During your 
enlistment, you received four NJPs. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
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 ofprobable material error or injustice. 

Sincerely, 


Executive Director