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

Docket No: 10138-18              
Ref: Signature Date 

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 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 8 October 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 reenlisted in the Marine Corps on 29 August 1986 following a previous period of honorable service.  On 29 January 1989, civil authorities arrested you of assault with a deadly weapon upon a police officer.  On 9 February 1989, you were convicted by special court-martial (SPCM) of hazing recruits and drunk and disorderly conduct.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offence.  After you waived your right to have your case heard before an administrative discharge board, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to commission of a serious offense.  The discharge authority approved your CO’s recommendation.  On 31 March 1989, you were discharged with an OTH. 

The Board carefully weighed all potentially mitigating factors, such as the character letters submitted on your behalf, the birth of your son, and contentions that you were young, immature and had no one to assist you make better decisions while in the Marine Corps.  Although the Board commends you on your post-service accomplishments, the Board concluded that the seriousness of your misconduct warranted an OTH discharge.  The Board thus found no material error or injustice in the discharge characterization. 

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  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, 

10/29/2019