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


Docket No: 1898-19 
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 11 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 and began a period of active duty on 4 December 1981.  On 5 August 1982, you received non-judicial punishment (NJP) for wrongful use of marijuana.  On 14 September 1982, you received your second NJP for breaking restriction.  On 27 February 1984, you were convicted by summary court-martial (SCM) of being absent from your appointed place of duty, dereliction in the performance of duty (allowing your service rifle to be stolen), and wrongfully appropriating a government vehicle.  Subsequently, you were notified of pending administrative action to separate you from the naval service due to your pattern of misconduct.  After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB).  An ADB was convened and found that you committed a pattern of misconduct, and recommended your administrative discharge with an other than honorable (OTH) characterization of service.  The Staff Judge Advocate found that the proceedings were sufficient in law and fact, and supported your administrative discharge.  The separation authority approved the ADB’s recommendation and directed your administrative discharge with an OTH characterization of service.  On 13 July 1984, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you were young and did not have your “weapon under strict control when it was taken.”  You further contend that your dereliction has caused you mental anguish.  You also stated that you allowed your roommate to have drugs in the room, and that you were young and immature and should have known better.  The Board considered your youth and immaturity.  However, 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 two NJP’s, which included your wrongful drug use and 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.