DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9457-18 Date: Ref Signature Dear 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 11 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 began a period of active service on 4 August 1986. On 6 July 1987, you were counseled regarding your irresponsibility concerning your checking account and financial responsibilities. On 14 September 1987, you received non-judicial punishment (NJP) for two specifications of disrespect in language, and displaying provoking gestures, and were formally counseled for the same on 5 October 1987. On 18 November 1987, you received NJP for misbehavior of a sentinel (sleeping on duty). On 12 July 1988, you were counseled regarding your alcohol-related unauthorized absences (UAs) from formations and recommended for counseling with the alcohol abuse counselor and family services counselor. On 1 September 1988, following a drug and alcohol center evaluation, you were determined not to be alcohol dependent, responsible for your actions, and “should be held accountable for them.” On 20 October 1988, you received your third NJP for UA, and failure to obey an order. On 7 December 1988, you were counseled regarding your alcohol related UA, and received Level-II drug and alcohol abuse counseling. On 8 March 1989, you were counseled on your frequent misconduct, UA, poor attitude, and notified further misconduct may result in administrative separation processing. That same day, you received your forth NJP for drunk and disorderly conduct, destruction of government property, assault, disobedience of a lawful order, and UA. On 30 March 1989, you were notified of the initiation of administrative processing to separate you from the naval service by reason of misconduct-minor disciplinary infractions, at which point, you consulted with military legal counsel and waived your procedural rights. You were discharged on 21 April 1989, with an other than honorable (OTH) characterization of service, by reason of misconduct-minor disciplinary infractions. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contention that you were discharged too harshly for your minor alcohol related disciplinary infractions. The Board noted you were sufficiently counseled regarding the consequences of continued misconduct. The Board concluded the severity of your repeated misconduct outweighed your current desire to upgrade your 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.