Docket No: 9931-18 
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 
6 August 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 on 22 June 1979. During the period from 5 July 1979 to 
3 September 1981, you received seven nonjudicial punishments (NJP) for three specifications of 
unauthorized absence (UA), disrespectful in deportment, drunk on duty, conspiring to defraud 
the government, disobeying a lawful order, defrauding the government, and sleeping on post. 
You were also convicted by summary court-martial (SCM) of resisting apprehension. 
Subsequently, you were notified of pending administrative separation action by reason of 
misconduct due to frequent involvement with military authorities. You elected to consult with 
legal counsel and subsequently requested an administrative discharge board (ADB). The ADB 
found that you committed misconduct due to frequent involvement with military authorities and 
recommended you receive an other than honorable (OTH) discharge. The discharge authority 
concurred with the ADB and directed an OTH discharge by reason of misconduct. On 
28 January 1982, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as character letters, your 
certificates, your attendance at that you are currently 
attending alcoholics anonymous meetings five days a week, taking anger management classes, 
that you were young with emotional problems, and you are a new person. The Board noted that, 
while commendable, your post-service conduct does not excuse your conduct while enlisted in 
the Marine Corps or the basis for your discharge. The Board concluded that the seriousness of 
your misconduct, as evinced by seven NJPs and a SCM, clearly supports the CO’s decision to 
issue you an OTH discharge. Absent some additional information or evidence that your 
discharge contained a material error or injustice, the Board found no basis to change your 
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.