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

Docket No: 8570-18 
Date: Ref Signature 

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 13 November 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 5 February 1985.  On 18 July 1985, you were convicted at a summary court-martial (SCM) for unauthorized absence (UA) of 30 days.  On 10 July 1986, you received non-judicial punishment (NJP) for unauthorized absence (UA) from your appointed place of duty, disrespect toward a superior commissioned officer, and failure to obey a lawful order. From the period beginning on 4 March 1987 to 16 December 1987, you were counseled on five occasions regarding your deficiencies.  You received NJP on 22 December 1987, for failure to obey a lawful order.  On 11 January 1988, you were notified of the initiation of administrative separation proceedings by reason of misconduct-pattern of misconduct, at which point you elected counseled and your procedural rights to counsel and an administrative discharge board (ADB).  Although not clear in the record, the ADB was subsequently canceled.  On 7 April 1988, your administrative separation proceedings, without ADB, were determined to be sufficient in law and fact.  On 12 May 1988, the discharge authority directed an other than honorable characterization of service by reason of misconduct-pattern of misconduct, and you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, and contentions that you were drinking heavily in the Marine Corps and have been sober since your discharge.  In regard to your contention the Board noted your records failed to reflect you suffered any issues with alcoholism and concluded that the severity of your repeated misconduct outweighed your mitigating factors.  With regard to the cancelation of your ADB, in the absence of evidence to the contrary, the Board presumed regularity of the official actions, in that the appropriate officers properly discharged their official duties.  The Board in it review discerned no material error or injustice in the 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 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, 


12/26/2019