DEPARTMENT OF THE NAVY 

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


Docket No: 8947-17 
Ref: Signature date 

Dear 
This is in reference to your application for correction of your naval record pursuant to Title 10, 
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 panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 23 January 2019. The names and votes of the members of the 
panel will 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, as well as 
applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 5 September 1984. You 
served for a year without disciplinary incident, but during the period from 5 September 1985 to 
5 November 1985, you received nonjudicial punishment (NJP) on three occasions. Your 
offenses were unauthorized absence from your unit, failure to go to your appointed place of duty, 
failure to obey a lawful order from a noncommissioned officer, using disrespectful language 
toward a noncommissioned officer, using provoking speech and gestures toward a 
noncommissioned officer, and assault. Subsequently, you were notified of pending 
administrative separation by reason of misconduct due to a pattern of misconduct, at which time 
you waived your procedural rights to consult with legal counsel and to present your case to an 
administrative discharge board. Your commanding officer recommended discharge under other 
than honorable conditions by reason of misconduct due to a pattern of misconduct. The 
discharge authority approved this recommendation and directed your separation under other than 
honorable conditions by reason of misconduct. On 9 December 1985, you were discharged. 

The Board carefully weighed all potentially mitigating factors, including your desire change your 
characterization of service. The Board concluded these factors were not sufficient to warrant 
relief in your case because of the seriousness of your repeated misconduct that resulted in three 
NJPs. The Board relies on a presumption of regularity to support the official actions of public 
officers and, in the absence of substantial evidence to the contrary, will presume that they have 
properly discharged their official duties, and concluded that the severity of your misconduct 
outweighed your desire to upgrade your discharge. The Board in its review discerned no 
impropriety or inequity in the discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission of new matters. New 
matters are those not previously presented to or 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, 

5/3/2019

Executive Director