DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0368-19 Ref: Signature date Dear : This letter 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 15 January 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 and began a period of active duty on 20 August 1984. On 3 May 1985, you received non-judicial punishment (NJP) for an unauthorized absence. On 2 April 1987, you received your second NJP for failure to obey a lawful order, disrespect in language, and creating a nuisance by being disruptive, causing a scene, and yelling obscenities while in the presence of correctional custody unit awardees and a senior noncommissioned officer. On 20 May 1987, you received your third NJP for operating a motor vehicle while impaired. On 31 August 1987, you received your fourth NJP for disrespect toward the national ensign and wrongfully operating a motor vehicle while on base driving revocation. Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to your pattern of misconduct. You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and 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. A staff judge advocate determined that you were accorded all the rights to which you were entitled and the proceedings were sufficient in law and fact. The discharge authority directed that you be separated from the naval service with an OTH characterization of service by reason of misconduct due to pattern of misconduct. On 14 October 1987, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your characterization of service. The Board considered your contention that you were told after a year that your discharge would automatically change to honorable. You state that you were an outstanding Marine, with a good conduct medal. You also state that have striven to lead an exemplary life after service. However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in four NJPs. You also waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service. Regarding your contention that your discharge was to be automatically upgraded, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 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,