DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7697-18 Ref: Signature Date This letter is in reference to your application of 24 July 2018 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 17 September 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 20 January 1987. During the period from 21 July 1987 to 11 April 1988, you received four nonjudicial punishments (NJP) for two specifications of unauthorized absence, absence from your appointed place of duty, drunk and disorderly conduct, disrespect toward a superior commissioned officer, disobeying a lawful order from a superior commissioned officer, and assaulting a superior commissioned officer. Subsequently, you were notified of an administrative separation action by reason of misconduct due to a pattern of misconduct. You consulted with counsel and waived your rights to an administrative discharge board (ADB). Your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct noting that you had “a blatant disregard for military authority coupled with frequent violations of the Uniform Code of Military Justice.” The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct. On 8 September 1988, you were so discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you need Department of Veterans Affairs (VA) benefits due to an injury to your left knee, you would like to use the money you put into the GI Bill, and that you changed your statement about being abused by a Drill Instructor in order to stop an ongoing investigation. The Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. Regarding your contention that you need VA benefits due to an injury to your left knee, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits. If you have been denied benefits, you should appeal that denial under procedures established by the VA. Regarding your contention that you would like to use the money you put into the GI Bill, you may wish to contact the VA to determine if you are eligible for the GI Bill, how to receive refunds, and how to apply for other related benefits. VA may be contacted by calling, toll-free, 1-888-442-4551 or online at http://www.gibill.va.gov. If you have been denied benefits, you should appeal that denial under procedures established by the VA. Regarding your contention that you changed your statement about being abused by a Drill Instructor in order to stop an ongoing investigation, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board also noted that the record shows that you were notified of and waived your right to present your case to an ADB. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable 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 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, 10/17/2019