Docket No: 4258-19 
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, applicable statutes, and regulations and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 5 September 1986.  You were counseled on 17 September 1987, regarding your poor financial management.  You were counseled on 13 December 1988, regarding your poor judgement.  On 10 February 1989, you received non-judicial punishment (NJP) for wrongful appropriation of a military vehicle, resisting apprehension, drunk and disorderly, operating a vehicle while drunk, and failure to obey a lawful order.  You were counseled on 4 April 1989, regarding your deficiencies in the performance of your duties and your continued misconduct.  On 21 June 1989, you were counseled regarding your alcohol related misconduct.  On 28 July 1989, you completed level III alcohol rehabilitation, and you were placed on an aftercare treatment program.  On 28 September 1989, you were counseled regarding your misconduct, frequent involvement with military authorities, and lack of initiative.  On 22 November 1989, you received NJP for failure to go at the prescribed time to your appointed place of duty.  On 1 January 1990, you were arrested by military authorities for being drunk and disorderly.  On 10 January 1990, you were counseled regarding your alcohol related misconduct.  On 11 January 1990, you were notified of the initiation of administrative separation proceedings by reason of misconduct-pattern of misconduct and alcohol rehabilitation failure, at which point, you elected counsel and waived your procedural rights.  On 1 March 1990, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contention of good service in the Marine Corps, and request for VA medical benefits.  The Board also considered your contention that you successfully completed classes to show that you were willing to conform to the Uniform Code of Military Justice (UCMJ) and that you are and have always been proud of your Marine Corps service.  The Board noted that you completed level III alcohol rehabilitation but continued to violate the UCMJ on multiple occasions.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  The Board also considered that you would like benefits but notes that the agency that determines your eligibility for benefits is your local, state, or federal department of veterans’ affairs. 
 
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,