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

Docket No: 7814-17 
APR 30 2019

Dear :
 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, of the United States Code, Section 1552. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable 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 of limitations and consider your application on its merits. A three-
member pane] of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 15 January 2019. The names and votes of the members of the 
panel wi11 be furnished upon request. Your allegations of error 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 of your 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 on 27 October 1982. During the period from 11 July 1983 to 
20 September 1984, you received four non-judicial punishments (NJP) for unauthorized absence 
(UA) totaling 21 days, incapacitated for the performance of duty, disobeying a lawful order, 
violating a lawful regulation, wrongfully setting off firecrackers in the barracks, and 
destruction of government property. On 11 December 21984, you were convicted by summary 
court martial (SCM) of UA for one day and disobeying a lawful regulation. Subsequently, you 
were notified of pending administrative separation action by reason of misconduct due to a 
pattern of misconduct. After you waived your procedural rights, your commanding officer (CO) 
recommended discharge under other than honorable (0TH) conditions by reason of misconduct 
due to a pattern of misconduct. The discharge authority approved this recommendation and 
directed an 0TH discharge by reason of misconduct. On 25 January 1985, your received an 
additional NJP for wrongful use of marijuana. On 28 January 1985, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and contentions that you have been alcohol free since 1988 and your enlistment 
contract was altered from three to four years without your approval. 1n this regard, the Board 
concluded that the seriousness of your misconduct, as evidenced by four NJPs and a SCM, 
outweighed your desire to upgrade your discharge and clearly supports the CO's decision to 
issue an 0TH discharge. 

In regard to your contention that you have been alcohol free since 1988, the Board commends 
you for your post service conduct, however it does not excuse your conduct while enlisted in the 
Marine Corps or the basis for your discharge. Regarding your contention that your enlistment 
contract was altered from three to four years without your approval, the Board noted that there is 
no evidence in your record, and you submitted none, to support your contention. 

It is regretted that the circumstances of your 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 of regularity 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 of probable material error or injustice. 

Sincerely, 



Executive Director