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

Docket No. 188-17 
JUL 05 2018 

This is in reference to your recent reconsideration request. You previously petitioned the Board 
and were advised in our letter of 12 September 2014 that your application had been denied. Your 
case was reconsidered in accordance with Board for Correction ofNaval Records procedures that 
conform to Lipsman v. Secretarv of the Army, 335 F. Supp. 2d 48 (D.D.C 2004). 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. Consequently, your 
application has been denied. 

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 2 April 2018. 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, relevant portions of your naval record and 
applicable statutes, regulations and policies. 

You enlisted in the Marine Corps and began a period ofactive duty on 12 January 1983. During 
the period from 12 March 1983 to 2 October 1985, you received non-judicial punishment (NJP) 
on five occasions. Your offenses were sleeping on post, failure to go to appointed place of duty, 
disobedience, breaking restriction and being unauthorized absence for a period of9 days. 
Subsequently, you were notified ofpending administrative separation by reason of misconduct 
due to pattern of misconduct and waived your procedural rights. Your Commanding Officer 
recommend you for separation and the separation authority approved the recommendation and 
directed your separation with an other than honorable (OTH) discharge due a pattern of 
misconduct. On 25 October 1985, you were discharged with an OTH. 

The Board in its review ofyour record and application with supporting documentation, carefully 
weighed all potentially mitigating factors, such as your desire to upgrade your characterization of 
service and your contention that your misconduct was a result ofhaving family problems and 
being denied a humanitarian permanent change ofstation. The Board noted that you had the 
opportunity to defend your actions but elected to wave your procedural rights. The Board 
concluded these factors were not sufficient to warrant relief in your case because ofthe 
seriousness ofyour misconduct that resulted in five NJPs. 

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken again. 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 the absence of sufficient new and material evidence for reconsideration, the 
decision ofthe Board is final, and your only recourse would be to seek relief, at no cost to the 
Board, from a court ofappropriate jurisdiction. 

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