Docket No: 3289-18
Ref: Signature Date 


Dear :

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 29 May 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 13 July 1977. During the period from 24 March 1978 to 29 August 1980, you received seven nonjudicial punishments (NJP). On 10 December 1979, you were convicted by special court-martial (SPCM) of failure to go to your appointed place of duty and larceny. Subsequently, you were notified of pending administrative separation action, at which time you waived your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB). The commanding officer (CO) recommended you receive an other than honorable (OTH)characterization of service discharge. On 23 October 1980, you were discharged with an OTH.

The Board carefully weighed all potentially mitigating factors, such as your contention that you were a victim of water poisoning at Camp    and are seeking treatment from the Department of Veterans Affairs for that reason. The Board concluded that these factors were not sufficient to warrant relief given the seriousness of your repeated misconduct that resulted in seven NJPs and a SPCM conviction. The Board, in its review, discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 

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,