Docket No: 3036-18

 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 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 
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. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active duty on You 
served for 10 months without disciplinary incident, but during the period from 
to you received nonjudicial punishments (NJP) on four occasions. Your 
offenses were breach of peace, using disrespectful language and deportment toward a 
noncommissioned officer, six specifications of failure to go to your appointed place of duty, and 
unauthorized absence (UA) from your unit for a period of you 
made a written request for discharge for the good of the service to avoid trial by court-martial for 
two periods of UA from your unit totaling Prior to submitting this request, you 
conferred with a qualified military lawyer, who advised you of your rights and warned of the 
consequences of requesting such a discharge. Your request was granted and the commanding 
officer directed your undesirable discharge under other than honorable (OTH) conditions. On 
you were discharged under OTH conditions. 

The Board carefully weighed all potentially mitigating factors, including your request to upgrade 
your discharge and contentions that you were and alcoholic, who did not receive any help, 
although you asked for help numerous times, and that your lawyer told you this discharge can be 
upgraded under the circumstances. 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 four NJPs, periods of UA totaling over nine months, and your request for discharge. In regard 
to your contention, 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. There is was no evidence in your record, and 
you provided none beyond your application, that indicated your discharge would change without 
review by appropriate authorities. In addition, your command was under no obligation to send 
you to alcohol or drug rehabilitation treatment unless it was determined, by competent medical 
authority, that you were dependent. There is no documentation in your record that shows, at the 
time of your enlistment, you were alcohol dependent. The Board, in its review, discerned no 
material error or injustice 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 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.