Docket No: 3435-19 
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 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 28 May 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 18 June 1991.  On 18 December 1991, you received an Administrative Remarks (Page 11) counseling concerning deficiencies in your performance: substandard academic performance, substandard personal hygiene, and substandard maintenance of billeting.  You were provided recommendations for correcting your performance.  You were also warned that further misconduct could result in administrative discharge action.  On 10 January 1992, you received non-judicial punishment (NJP) for failure to go at the time prescribed to your appointed place of duty.  Additionally, you received your second Page 11 counseling concerning deficiencies in your performance.  On 11 February 1993, you received your second NJP for failure to obey a lawful order.  On 15 March 1993, you received your third NJP for two specifications of failure to obey a lawful order.  Subsequently, you were notified of an administrative action to separate you from the naval service because of misconduct due to a pattern of misconduct.  You were advised of, and elected your procedural right, to consult with military counsel.  After consulting with military counsel, you waived your right to present your case to an administrative discharge board (ADB).  

Your Commanding Officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved your CO’s recommendation and directed that you be discharged with an OTH characterization of service.  On 13 April 1993, 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 statement to include your contentions that you received a court-martial for breaking restriction and you were unaware that you could have a lawyer present.  After careful consideration, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in multiple Page 11 counseling’s concerning your performance and three NJPs. 
 
In regard to your contentions, there was no evidence in your record that you received a court-martial.  Further, the record reflects that you were provided assistance through military legal counsel concerning your administrative separation action.  Accordingly, 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. 
 
 Sincerely, 
 
 7/9/2020