DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490


Docket No: 1400-19                                                                                                                               
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 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 18 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 on 21 February 1986.  On 20 May 1987 and 1 March 1988, you received two non-judicial punishments (NJP) for misconduct including two specifications of signing a false official document and unauthorized absence (UA).  On 3 March 1988, you were counseled about your lack of motivation, self-discipline, underage drinking, and your UAs.  On 14 March 1988, you received a medical evaluation and was diagnosed as having a substance abuse problem.  On 17 March 1988, you received NJP for failure to go at the prescribed time to appointed place of duty.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to minor infractions.  After you waived your rights procedural rights, on 11 April 1988, you elected to receive treatment for your alcoholism at a Department of Veterans Affairs (DVA) facility near your home of record.  On 13 April 1988, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to minor infractions.  The discharge authority approved this recommendation.  On 27 May 1988, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were asked to be discharged due to military reduction.  However, the Board concluded that these factors were insufficient to warrant relief in your case given your misconduct. 
 
In regard to the contention that you were asked to be discharged due to military reduction, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record shows you were discharged with an OTH discharge due to minor infractions as a result of receiving three NJP after waiving your rights. 
 
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.