Docket No: 1083-19                                                                                                                           
Ref: Signature date 
 

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 Boards, sitting in executive session, considered your application on 12 February 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 28 October 1992.  During the period from 21 December 1993 to 30 April 1996, you received three non-judicial punishments (NJP) for misconduct including failure to report at the time prescribed to your appointed place of duty, absent from your appointed place of duty, and four specifications of unauthorized absence.  On 14 May 1996, you were convicted by summary court-martial (SCM) of wrongful possession of marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service.  You were advised of, and elected your procedural rights, to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  After consultation with legal counsel, you submitted an unconditional waiver, waiving your right to present your case to an ADB.  Your commanding officer (CO) recommended that you be administratively separated from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the recommendation and directed administrative discharge with an OTH characterization of service.  Prior to being discharged, on 1 August 1996, you received your fourth NJP for an unauthorized absence.  On 2 August 1996, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your submission of supporting documentation and desire to upgrade your discharge.  The Board considered your contention that a correction was made to your record without notice to you and VA laws were changed.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in four NJP’s and a SCM conviction.  Under the totality of the circumstances, the Board discerned no probable 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.