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

Docket No: 7934-18 
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 1 October 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps on 13 July 1981.  During the period from 4 February 1982 to 21 June 1983, you received five non-judicial punishments (NJP) for absenting yourself from your appointed place of duty, failing to obey a lawful order, three instances of failing to go to your appointed place of duty, disobeying a lawful order, and disrespect.  You were also convicted by summary court-martial (SCM) of breaking restriction.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After you waived your rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed that you be separated with an OTH characterization of service by reason of misconduct.  On 8 August 1983, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your youth and immaturity at the time of your misconduct and your desire to upgrade your discharge, as well as your contentions that you had trouble walking long distance to formation because of minor frostbite, that you were constantly harassed for having a shaving profile, and that your CO was discharged due to discrimination.  The Board, however, noted that there is no evidence in your record, and you submitted none, to support your contentions.  Moreover, the Board determined that the seriousness of your misconduct outweighed your desire to upgrade your discharge and supports your CO’s decision to discharge you with an OTH characterization of service.  The Board thus concluded that there is no material error or injustice in your record warranting corrective action.  
 
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, 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.