DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 


Docket No: 393-19 
Ref: Signature date 


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 4 February 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 17 June 1985.  During the period from 15 May 1987 to 28 February 1988, you received four non-judicial punishments (NJP) for misconduct including absence from appointed place of duty, underage drinking, unauthorized absence (UA) for seven days, misappropriation of military property (including ammunition and three sets of body armor), wrongfully having sexual intercourse with the wife of another Marine, disobeying lawful orders, and breaking restriction. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to your pattern of misconduct.  After you were advised of, and waived, your procedural 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 a pattern of misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 22 March 1988, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as character letters, post service accomplishments, your desire to upgrade your discharge, contentions that you were young and impressionable, worked as a volunteer firefighter, a deputy corner, a public servant in the community, coached youth football and baseball, worked in the church, and received an associate’s degree in criminal justice.  However, the Board concluded that seriousness of your misconduct outweighed your desire to upgrade your discharge. 

In regard to your contention that you were young and impressionable when you joined the Marine Corps, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions. Regarding your contentions that you worked as a volunteer firefighter, a deputy corner, a public servant in the community, coached youth football and baseball, worked in the church, and received an associate’s degree in criminal justice, the Board noted that, while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your 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,