DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7080-18 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 that 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 25 November 2018. 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 21 May 1991. On 29 November 1991, you were counseled concerning your failure to conform to official weight standards. In May 1992, you were diagnosed with malingering and a non-specific personality disorder. On 16 June 1992, you received nonjudicial punishment (NJP) for two days of unauthorized absence (UA). On 19 June 1992, you were counseled concerning being diagnosed with a personality disorder and that failure to take corrective action could result in administrative discharge action. That same day your commanding officer (CO) forwarded a recommendation to the separation authority that you be separated from the Marine Corps by reason of convenience of the government due to a personality disorder. Your CO also recommended that you be discharged with a general (under honorable conditions) (GEN) characterization of service. It was stated that you were a potential danger to yourself and others, and therefore could not perform your duties as a guard or be trusted to carry a weapon. On 27 July 1992, you were convicted by summary court-martial (SCM) of five charges and seven specifications of violating various lawful orders and being UA. On 6 October 1992, you were counseled concerning violation of the Uniform Code of Military Justice. That same day you were convicted by your second SCM of theft and fraud. On 2 November 1992, you were notified of new administrative action due separate you from the naval service due to your pattern of misconduct. After being afforded your procedural rights, you waived your right to request that your case be heard before an administrative discharge board. On 9 November 1992, your case was forwarded to the separation authority with the recommendation that you be separated from the Marine Corps due to a pattern of misconduct. In December 1992, a staff judge advocate returned your case to your commanding officer, finding it to be insufficient in law and fact. At that time, it was stated that separation may not be initiated until a Marine has been counseled and afforded a reasonable opportunity to overcome those deficiencies that have been identified for corrective action. You remained on active duty until 6 January 1993, when you received NJP for being absent from your appointed place of duty. On 25 January 1993, your administrative discharge case was found to be sufficient in law and fact to discharge you from the Marine Corps. On 2 February 1993, the separation authority directed that you receive an other than honorable (OTH) characterization of service due to your pattern of misconduct. On 3 February 1993, while pending administrative separation, you received your final NJP for failing to go to your appointed place of duty. On 4 February 1993, you were discharged from the Marine Corps with an OTH characterization of service. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded to GEN due to a personality disorder, as recommended to the separation authority by your CO. However, the Board concluded that these factors were insufficient to warrant recharacterization of your discharge given your misconduct, which resulted in three NJPs, two convictions by SCM, and the fact that you were warned on more than one occasion regarding the consequences of further deficiencies. Further, you were given an opportunity for retention and to earn a better characterization of service when your recommendation for discharge due to a personality disorder was found insufficient in law and fact. With regard to your request for a GEN discharge as recommended by your commanding officer, the Board found that recommendation was due to your diagnoses of a personality disorder which occurred prior to the majority of your subsequent misconduct. Accordingly, due to your misconduct, you were subsequently recommended for and received an OTH characterization of service. Moreover, although you were initially being considered for separation due to a personality disorder, misconduct normally takes precedence over all other reasons for separation. 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. Sincerely, 1/10/2020