Docket No: 3641-19 
Ref: Signature Date 


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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 12 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, as well as applicable statutes, regulations, and policies. 
You enlisted in the Marine Corps on 24 September 1978.  On 19 June 1980, you received non­judicial punishment (NJP) for disrespect to a commissioned officer, two specifications of disobeying a lawful order, and conducting yourself in an unmilitary manner.  On 25 June 1981, a special court-martial (SPCM) convicted you of unauthorized absence (UA), disrespect toward a commissioned officer, and disobeying a lawful order.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement with military authorities. After you waived your rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to frequent involvement with military authorities.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 24 September 1981, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that while recovering from an automobile accident, your platoon commander insisted you continue doing your regular duties despite your doctor’s orders.  The Board also noted your contention that prior to the accident, you were on track for promotion to E-5 and you received a letter of appreciation for the work you did in .  In this regard, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. 

In regard to your contention that while recovering from an automobile accident, your platoon commander insisted you continue doing your regular duties despite your doctor’s orders, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  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.  Regarding your contentions that prior to the accident, you were on track for promotion to E-5 and you received a letter of appreciation for the work you did in , the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. The Board discerned no probable material error or injustice in your discharge that warrants upgrading the characterization of your 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.