Docket No: 3897-19
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 4 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 duty on 25 June 1979.  On 25 July 1979, you received non-judicial punishment (NJP) for fighting with another Marine while on post and assault.  On 22 August 1980, you received your second NJP for leaving your appointed place of duty without proper authority.  On 23 October 1980, you received your third NJP for wrongful possession of a pipe containing marijuana residue.  On 16 January 1981, you received your fourth NJP for an unauthorized absence for the period from 29 December 1980 to 7 January 1981.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to frequent involvement of a discreditable nature with military authorities.  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.  The separation authority approved the CO’s recommendation and directed your OTH discharge by reason of misconduct due to frequent involvement.  On 7 September 1981, 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 contention that at the time of your discharge the ramifications of the type of discharge you received were not explained to you.  You further contend that you were told by your local VA Center and veterans claim examiner that your record shows dishonorable.  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.  In regard to your contention, the Board noted that the record contains documented evidence which is contrary to your contention that the ramifications of your discharge were not explained to you.  The Board noted that on 3 September 1981, you were informed and acknowledged that you may be deprived of substantial rights and benefits as a result of an other than honorable discharge.  Additionally, concerning your contention that you received a dishonorable discharge, the record reflects that you received an OTH characterization of service.  Unfortunately, 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.