DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4836-18 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 22 July 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 31 December 1980. On 8 December 1981, you received nonjudicial punishment (NJP) for missing movement, and eight days of unauthorized absence (UA). On 28 January 1982, you received NJP for insubordination, assault, and disobeying a lawful order. On 20 April 1982, you were convicted by summary court-martial (SCM) of three specifications of UA, and assault. On 30 June 1982, administrative discharge action was initiated to separate you from the Marine Corps due to misconduct, frequent involvement of a discreditable nature with military authorities. Your commanding officer (CO) recommended that you receive an other than honorable (OTH) characterization of service. The separation authority concurred with your CO’s recommendation. On 28 July 1982, you received a third NJP for assault. You received an OTH discharge on 6 August 1982. The Board carefully considered your request to upgrade your discharge and assertion that you did not receive the right counseling at the time. Although your service record does not contain an explicit statement that you consulted with counsel during your administrative separation proceedings, your record does contain an advisement from your commanding officer to you that you had the right to consult with counsel during the proceedings. The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service given your misconduct, which resulted in three NJPs and SCM conviction for serious offenses. 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.