Docket No: 3784-19 
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 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 19 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 23 March 1981.  During the period from 21 December 1982 to 25 May 1983, you received four non-judicial punishments (NJP) for absence from your appointed place of duty, wrongfully having alcohol in the barracks, assault, disobeying a lawful order, wrongfully using provoking gestures, disrespect toward a non-commissioned officer (NCO), failure to go to your appointed place of duty, and making a false official statement.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to minor disciplinary infractions.  After waving your rights, your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 1 August 1983, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your personal statement, character letters, your desire to upgrade your discharge, and contentions that your discharge was the result of being provoked on two separate occasions by two sergeants, you were punished for protecting yourself, and your conduct and proficiency marks were very good prior to the incidents.  In this regard, the Board concluded that the frequency and seriousness of your misconduct outweighed your desire to upgrade your discharge. 
 
In regard to your contentions that your discharge was the result of being provoked on two separate occasions by two sergeants and you were punished for protecting yourself, 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 discharge board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.  Regarding your contention that your conduct and proficiency marks were very good prior to the incidents, the Board noted that a Marine’s service is characterized at the time of discharge based on conduct, actions, or performance during the current enlistment.   
 
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, 

6/15/2020