Docket No: 3862-19 
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 18 June 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 service on 3 October 1979.  On 12 September 1980, you were counseled regarding your minor infractions of regulations.  On 3 October 1980, you received non-judicial punishment (NJP) for unauthorized absence (UA) and failure to obey a lawful order.  On 31 October 1980, you received NJP for two specifications of UA.  On 1 December 1980, you received NJP for UA.  On 16 December 1980, you received NJP for UA.  On 19 December 1980, you were notified of the initiation of administrative separation proceedings by reason of misconduct-frequent involvement of a discreditable nature with military and civil authorities.  On the same day, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-frequent involvement of a discreditable nature with military and civil authorities.  On 6 February 1981, you waived counsel and your procedural rights.  On 10 February 1981, your administrative separation proceedings were determined to be sufficient in law and fact.  On 12 February 1981, the discharge authority approved your discharge with an other than honorable (OTH) characterization of service by reason of misconduct.  You were discharged on 13 February 1981. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were informed you would receive an under honorable conditions characterization of service.  You also state, you would like to change your characterization of service to receive VA benefits.  The Board determined you were sufficiently notified of your OTH characterization of service.  Please note that there is no provision in law or regulation that provides for an upgrade of characterization based solely on the passage of time and/or eligibility for veterans benefits.  After careful consideration, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of 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. 
 
Sincerely,