Docket No: 11239-19 
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 7 October 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, relevant portions of your naval record, applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 31 May 1985. On 9 May 1986, you received non-judicial punishment (NJP) for unlawfully carrying a concealed weapon.  On 27 June 1986, you received NJP for failure to go at the prescribed time to your appointed place of duty, and being incapacitated for the proper performance of your duties as a result of overindulgence in alcohol or drugs.  On 21 August 1986, you received NJP for sleeping on your post.  On the same day, you were counseled regarding your involvement of a discreditable nature with military authorities.  On 12 December 1986, you received NJP for disobeying a lawful order.  On 16 December 1986, you were notified of an administrative action to separate you from the naval service for misconduct-pattern of misconduct.  On 17 December 1986, you elected your right to consult with counsel, and waived your right to have your case presented to an administrative discharge board.  On 22 December 1986, your commanding officer recommended your discharge for misconduct-pattern of misconduct.  On 31 December 1986, you received NJP for failure to go at the prescribed time to your appointed place of duty.  On 5 January 1987, your administrative separation proceedings were determined to be sufficient in law and fact.  On 16 January 1987, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct.  You were so discharged on 23 January 1987. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that your record is unjust.  The Board also considered your contentions that you could have had better representation and more mentoring, that you were a young Marine, and that your commanding officer had a grudge against you.  The Board reviewed all the material you submitted with your application.  The Board noted that you failed to provide evidence, and your record did not contain evidence, to support your contention regarding your commanding officer, and concluded, after careful consideration of your contentions, that there was insufficient evidence of an error or injustice that warrants upgrading 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. 
 
Sincerely,