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

Docket No: 2615-19 
Ref: Signature Date 

Dear 

This is in reference to your application of 23 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 2 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
You enlisted in the Marine Corps and began a period of active duty on 28 June 1978.  During the period from 3 April 1979 to 21 September 1981, you received five non-judicial punishments (NJP) for unauthorized absence (UA) totaling four days, two specifications of disobeying a lawful order, two specifications of derelict in the performance of your duty, incapacitated for the performance of duty, failure to obey a lawful order, wrongfully communicating a threat, and resisting arrest.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to frequent involvement with military authorities.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  On 23 October 1981, your commanding officer (CO) recommended discharge under other than honorable (OTH) characterization of service for misconduct due to frequent involvement with military authorities. 

On 29 October 1981, you received NJP for assault, wrongfully communicating a threat, and being disrespectful in language.  On 30 October 1981, you withdrew your ADB request and elected to waive your rights.  On 18 November 1981, the discharge authority approved your CO’s recommendation and directed separation with an other than honorable characterization of service for misconduct.  On 24 November 1981, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention you were young, impressionable, and thought drinking alcohol was part of being a Marine.  In this regard, the Board concluded that seriousness and frequency of your misconduct outweighed your desire to upgrade your discharge. Regarding your contention that you were young, impressionable, and thought drinking alcohol was part of being a Marine, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.
 
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,