Docket No: 10104-19            
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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 29 September 2020.  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 and began a period of active duty on 6 May 1991.  You received nonjudicial punishment (NJP) on 26 August 1992 for wrongful appropriation of a fellow service member’s ATM card which you later used in an attempt to withdraw cash.  Your record indicates that you served honorably and reenlisted on 18 November 1994 for an additional four years of service.  You were counseled on 23 April 1997 for displaying poor judgment in handling personal affairs.  On 23 August 1997, you were served a summons to appear in court on 11 September 1997 for the alleged offense of driving under the influence.  You subsequently pled guilty to the charge.  An administrative remarks entry in your service record dated 17 September 1997 indicates you acknowledged making a tremendous mistake.  You asserted you were already being punished for your actions by civilian courts and that the incident was isolated.  Administrative remarks dated 4 November 1997 indicate you were counseled concerning your request to defer attendance in alcohol treatment due to financial problems.  At the time, you were also pending an Administrative Separation Board (ASB).  In January 1998, an ASB found you committed misconduct and recommended that you be discharged with a general (under honorable conditions) characterization of service.  While the ASB’s recommendation was being processed, you were notified of additional allegations of misconduct (misappropriation of funds) and a new basis for administrative separation.  On 13 June 1998, you waived your right to appear before a second ASB.  On 5 August 1998, the Inspector/Instructor, Headquarters and Service Company,  recommended you be administratively discharged with an other than honorable (OTH) characterization of service.  You were discharged from the Marine Corps on 19 October 1998, on the basis of misconduct, and received an OTH characterization of service and a reentry (RE) code of RE-4. 
 
In your application you ask that your characterization of service be upgraded to general (under honorable conditions) or honorable.  You contend that an upgrade is warranted because during your administrative review/discharge hearing, you were not represented in an honorable fashion.  You assert that your Commanding Officer was biased and that you were not afforded the opportunity to present your case.  
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were not adequately represented and that your Commanding Officer was biased against you.  The Board noted that your record indicates you appeared before an ASB in January 1998, and that while the recommendations of that hearing were being processed, you were alleged to have misappropriated funds for the Marine Corps League Birthday Ball for your personal use.  The Board reviewed your service record and found that you were properly notified of processing on this new allegation of misconduct, and that you elected not to appear before a second ASB.  The Board found that the evidence of your record does not establish that you were not represented in an honorable fashion, nor is there an indication of bias against you that resulted in error or injustice.  The Board concluded that your OTH characterization of service does not reflect an error or injustice.   
 
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.   
 
 Sincerely,