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

Docket No: 9132-17               
Ref: Signature date 


This letter 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 for Correction of Naval Records (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, sitting in executive session, considered your application on 6 March 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 17 July 1986.  Although the Board lacked your entire service record book (SRB) it appears you were involuntarily processed for administrative separation with an other than honorable (OTH) character of service.  In connection with this processing, you would have acknowledged the separation action and the separation authority would have approved a recommendation for separation.  As a result, you were administratively discharged.
 
The Board, carefully weighed all potentially mitigating factors, including your service record and your desire to upgrade your discharge. The Board considered your contentions that you were young and loose; you should not be penalized for being, in your words, “stupid in [your] younger years,” and that you served your country and put your life on the line during Operation Desert Storm.  In light of the current information available to the Board, the Board concluded these factors were not sufficient to warrant relief.  The Board relies on a presumption of regularity to support the official actions of a commanding officer and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. 

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, 


6/5/2019