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


Docket No: 4474-18
Date: Ref Signature 

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 that the evidence submitted was insufficient to establish the existence of probable material 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 5 June 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 service on 23 September 1996.  You were counseled on 12 June 1997 for a lost meal card.  You were counseled on 31 October 1997 for unauthorized absence (UA) for the period 27 – 31 October 1997, resulting in your being dropped from the rifle range.  That counseling advised you of the potential future administrative and disciplinary consequences of failing to take corrective action.  On 10 March 1998, you received non-judicial punishment (NJP) for two specifications of failure to obey a lawful order, and misappropriation of a phone card.  You were UA from your unit from 27 March to 21 April 1998, causing you to miss movement with your unit on 20 March 1998.  On 29 July 1998, you were convicted at a special court-martial (SPCM) of the foregoing UA, and missing movement.  Subsequently, administrative separation action was initiated against you to separate you from the naval service for misconduct due to the foregoing pattern of misconduct with an other than honorable (OTH) characterization of service.  On 31 August 1998, the discharge authority approved and directed an OTH characterization of service for pattern of misconduct.  On 15 September 1998, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your contention that you were unaware of the ramifications of receiving an OTH characterization of service. Additionally, you state that since you were given the option of remaining in or separating from the Marine Corps, you should not be penalized for the choice you made. The Board noted you were sufficiently counseled regarding your pattern of misconduct. The Board found that your mitigating factors and contentions were insufficient to warrant relief in your case, given your repeated misconduct which resulted in an NJP, and a SPCM conviction. In this regard, the Board concluded that your misconduct outweighed your desire to upgrade your 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 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

Executive Director
7/29/2019