Docket No: 10687-19 
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 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 30 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 you submitted, relevant portions of your naval record, applicable statutes, and regulations and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 9 August 1989.  On 25 January 1990, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 25 February 1992, you received NJP for UA.  On 3 June 1992, you were convicted at a summary court martial (SCM) for two specifications of UA, and missing ship movement.  On 10 June 1992, you were notified of the initiation of administrative separation proceedings for misconduct-pattern of misconduct, at which point, you waived your right to consult with counsel and your procedural rights.  On 16 June 1992, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct.  On 1 August 1992, you were counseled regarding your misconduct.  On 4 January 1993, you were discharged with an OTH characterization of service for misconduct-pattern of misconduct.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of good service in the Marine Corps.  You contend, you participated in operation desert shield/desert storm, and received numerous awards and certificates.  You contend that you have no criminal record in the State of .  The Board reviewed the materials and certificates that you submitted with your application.  After careful consideration of your contentions, the Board determined that your desire to upgrade your discharge was not enough to outweigh the misconduct reflected in your record.  The Board also considered that you would like veteran’s identification; however, please note, the agency that determines your eligibility for benefits is your local, state, or federal Department of Veterans’ Affairs. 
 
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,