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

Docket No: 232-18                 
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 19 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 on 28 January 1985.  On 8 August 1988, you were convicted by summary court-martial (SCM) of failure to return to appointed place of duty and two specifications of failure to go to appointed place of duty at the time prescribed.  During the period from 12 to 14 August 1988, you received non-judicial punishments (NJP) twice for absence from appointed place of duty and disrespect toward a non-commission officer.  Subsequently, you were notified of your rights with respect to the initiation of administrative separation processing by reason of misconduct due to a pattern of misconduct. You waived your rights, and your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed that you be separated with an other than honorable characterization of service.  You were discharged on 7 October 1988. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that your SGT Major pushed for you to be discharged three months prior to your end of active service.   In this regard, the Board concluded that the seriousness of your misconduct, as evidenced by two NJPs and a SCM, supported an OTH characterization of service. 

In regard to your contention that your SGT Major pushed for you to be discharged three months prior to your end of active service, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows that you received two NJPs and a SCM prior to being discharged.  The Board also 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.  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, 

6/10/2019