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

Docket No: 2049-18  
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 you did not file your application 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 1 April 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, 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 26 May 1981.  On 5 April 1984, you received nonjudicial punishment (NJP) for operating a government vehicle while under the influence of alcohol.  On 18 September 1984, you received a second NJP for willful disobedience of a lawful order.  On 20 September 1984, you were counseled regarding your disregard for regulations and disrespect for authority and advised that any further deficiencies in performance and/or conduct may result in processing for administrative discharge under other than honorable (OTH) conditions.  On 26 February 1985, you received a third NJP for disrespect, failure to obey a lawful order, provoking language, and using profanity toward a noncommissioned officer in the presence of civilians.  Subsequently, administrative discharge action was initiated by reason of a pattern of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an OTH discharge and the separation authority approved your separation from the Marine Corps.  On 5 April 1985, you received an OTH discharge due to a pattern of misconduct. 

You requested the Board upgrade your discharge to general (under honorable conditions).  You asserted that, since your discharge, you have not been involved with law enforcement, and that, after over 30 years, it is appropriate for you to receive an upgrade.  Additionally, you claimed the offenses you committed were not disrespectful toward the Marine Corps, but just the result of a young guy acting out.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions.  The Board concluded these factors were not sufficient to warrant a change to your discharge given your misconduct which resulted in three NJPs, one of them after you had been warned regarding the potential for administrative separation under OTH conditions.  
 
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, 


6/24/2019