DEPARTMENT OF THE NAVY 

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

Docket No: 8578-16 
NOV 29 2017 

Dear 

This is in reference to your application, received 26 September 2016, for correction ofyour 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 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 7 November 2017. The names and votes ofthe members of the 
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 11 June 1987. During the period from 4 December 1987 to 
14 July 1989, you received two nonjudicial punishments (NJP) for the following offenses: absent 
from your appointed place ofduty, disobeying a lawful order, and failure to go to appointed 
place ofduty. You were also convicted by summary court martial (SCM) ofunauthorized 
absence (UA) for nine days and disobeying a lawful order. Subsequently, you were notified of 
pending administrative separation action by reason ofmisconduct due to minor disciplinary 
infractions. You elected to consult with legal counsel and subsequently requested an 
administrative discharge board (ADB). The ADB found that you had committed misconduct 
and recommended an other than honorable (OTH) discharge by reason of misconduct due to 
minor disciplinary infractions. The discharge authority approved this recommendation and 
directed separation under other than honorable conditions by reason ofmisconduct. As a result 
ofthe forgoing, on 24 October 1989, you were discharged. 

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 contention that your discharge was too harsh. However, the Board concluded that 
these factors were not sufficient to warrant relief given the severity ofyour misconduct. In this 
regard, the Board concluded that the seriousness ofyour misconduct, as evidenced by two NJPs 
and a SCM, outweighed your desire to upgrade your discharge and supports the Commanding 
Officer's decision to issue you an OTH discharge. In regard to your contention that your 
punishment was too harsh, as stated previously, you requested an ADB and the ADB found 
misconduct and recommended an OTH discharge. 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director