DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1606-19 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 3 March 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 5 June 1984. In January 1989, civil authorities convicted you of driving under the influence (DUI) in the state of . During the period from 21 April 1992 to 25 August 1992, you received two warning counselings on your frequent involvement with civil authorities, your integrity, malingering, failure to preform duties, lack of mission intensity, lack of judgement, and conduct. On 16 November 1992, you received non-judicial punishment (NJP) for two specifications of failure to go at prescribed time to your appointed place of duty. On 11 December 1992, civil authorities convicted you of DUI in the state of . Subsequently, you were notified of pending administrative separation action by reason of misconduct due to minor infractions. After you waived your rights, your commanding officer (CO) recommended a general under honorable conditions discharge by reason of misconduct due to a minor infractions. The discharge authority approved this recommendation and directed a general discharge due to misconduct. On 25 February 1993, you were discharged. The Board carefully weighed all potentially mitigating factors, such as the character letter, your desire to upgrade your discharge, and your contentions that you were discharged with no court-martials or NJPs in your record, you need Department of Veterans Affairs (DVA) benefits, and you were a squared away Marine. However, the Board concluded that these factors were not sufficient to warrant relief in your case given your misconduct. In regard to the contention that you were discharged with no court-martials or NJPs in your record, the Board noted that the record contains documented evidence that is contrary to your contention. The record shows that you were discharged with a general characterization of service due to minor infractions as a result of receiving two civil convictions for DUI and an NJP. In regard to your contention that you need VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits. If you have been denied benefits, you should appeal that denial under procedures established by the VA. Regarding your contention that you were a squared away Marine, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. 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.