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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 September 2019.  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.   
 
A review of your record shows that you entered active duty with the Marine Corps in July 1995.  On 20 March 1996, non-judicial punishment was imposed on you for unauthorized absence and an orders violation.  Non-judicial punishment was again imposed on you for unauthorized absence, disobeying a lawful order, orders violation, destruction of government property, and drunk and disorderly conduct on 24 September 1996.  Finally, non-judicial punishment was imposed on you for a third time on 29 January 1997 for attempting to destroy government property, disrespect, disobeying a lawful order, providing words, and drunk and disorderly conduct.  Based on your history of misconduct, you were notified of administrative separation processing for misconduct on 19 February 1997 and discharged on 19 March 1997 with an Other than Honorable characterization of service.  
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service.  You assert that you developed a drinking and drug problem while in the Marine Corps due to your chain of command.  Additionally, you argue that you suffered from an ankle condition while on active duty.
 
 Unfortunately, the Board disagreed with your rationale for relief.  First, the Board concluded you were ineligible for disability processing based on your misconduct processing that resulted in your discharge.  The Board relied on your extensive history of documented misconduct to find that you were appropriately separated for misconduct vice a disability.  Second, the Board determined there was insufficient evidence you suffered from a qualifying disability condition, even if you were eligible for disability processing, to warrant your referral to the disability evaluation system.  The Board noted that alcoholism and illegal drug use are not compensable disability conditions and found no evidence to support a finding that you were unable to perform the duties of your office, grade, rank or rating as a result of an ankle disability.  Third, the Board found that your characterization of service remains appropriate.  Other than Honorable characterizations of service may be issued when the reason for separation is based upon behavior or omission that constitutes a significant departure from the conduct expected of a Marine.  The Board found your acts of violence and complete disregard for good order and discipline persuasive evidence of conduct that qualifies as significant departure of what is expected from a Marine.  Specifically, your non-judicial punishments document that you violated orders, including direct orders, that indicated to the Board that you possessed no respect for military authority despite being provided at least two opportunities to correct your conduct deficiencies.  In the Board’s opinion, despite the possibility you possessed substance abuse problems, these actions support the decision of the Marine Corps to award you an Other than Honorable characterization of service.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 
 
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 issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 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.