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

Docket No: 2380-19 
Ref: Signature Date 

Dear 
 
This is in reference to your application of 9 February 2019 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 21 April 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps and began a period of active service on 10 February 1986.  On 16 March 1989, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling three days and disobeying a lawful order.  On 24 August 1989, a special court-martial convicted you of 11 days of UA, two specifications of fraud, and wrongfully stealing and opening mail.  On 17 June 1991, you received NJP for failure to obey a lawful order and assault.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to commission of a serious offense.  After you waived your rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service for misconduct due to commission of a serious offense.  The separation authority approved this recommendation and directed that you receive an OTH characterization of service due to misconduct.  On 4 October 1991, you were so discharged.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that you had three months left on your enlistment.  In this regard, the Board concluded that seriousness of your misconduct outweighed your desire to upgrade your discharge. Regarding your contention that you had three months left on your enlistment, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable 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,