DEPARTMENT OF THE NAVY 

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


Docket No: 112-17 
APR 10 2018 

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 three-member 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 14 February 2018. 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 con&isted ofyour application, together 
with all material submitted in support thereof, relevant portions ofyour naval record, and 
applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issue(s) 
involved. Therefore, 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 Reserve and began a period ofactive duty on 29 May 1989. 
You served for a year and three months without disciplinary incident, but during the period from 
5 October 1990 to 24 June 1993, you received nonjudicial punishment (NJP), on two occasions. 
Your offenses were failure to obey a written directive, destruction ofgovernment property, 
making a false official statement, wrongfully attempting to remove correspondence from the 
adjutant's office, theft ofmilitary property, impersonation ofa superior officer and Unlawful 
entry. Subsequently, you were notified of pending administrative separation by reason of 
misconduct due to commission of a serious offense 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 (OTH) 
conditions by reason ofmisconduct due to commission ofa serious offense. The discharge 
authority approved this recommendation and directed separation under other than honorable 
conditions by reason ofmisconduct, and on 25 October 1993, you were discharged. 

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. 
The Board carefully weighed all potentially mitigating factors, including your contention that 
time has passed and you are an outstanding person in your community, responsible and law 
abiding citizen. The Board found that these factors were not sufficient to warrant relief in your 
case because ofthe seriousness ofyour misconduct that resulted in two NJPs. The Board noted 
that you waived your right to an ADB, your best opportunity for retention or a better 
characterization of service. Regarding your contention, there is no provision oflaw or in Marine 
Corps regulations that allows for recharacterization ofservice due solely to the passage oftime 
or good conduct in civilian life subsequent to leaving naval service. The Board in it review 
discerned no impropriety or inequity in the 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