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

Docket No: 0435-19 
Date: Ref Signature 

This is in reference to your application of 29 November 2018 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 15 January 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, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active service on 13 August 1985.  On 18 August 1987, you were counseled regarding your misconduct.  On 10 September 1987, you received non-judicial punishment (NJP) for failure to go to your prescribed place of duty.  On 31 March 1988, you received NJP for two specifications of disobeying a lawful order, insubordinate conduct, disrespect toward a commissioned officer, and disobeying a lawful order from a commissioned officer.  On 19 April 1988, you were counseled regarding your frequent involvement with military authorities.  On 27 April 1988, you received NJP for insubordinate conduct toward an Non-commissioned officer (NCO), and threatening to assault an NCO.  On 19 July 1988, you were notified of the initiation of an administrative action to separate you from the naval service for misconduct-minor disciplinary infractions, and misconduct-pattern of misconduct, at which point, you waived your right to be represented by counsel and other procedural rights.  On 25 July 1988, your administrative separation proceedings were determined to be sufficient in law and fact.  On 25 July 1988, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-minor disciplinary infractions.  On 18 August 1988, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including evidence you submitted with your application, your desire to upgrade your discharge and contentions that your misconduct was a result of family hardship, that you were deprived the ability to apply for a hardship discharge, and that your post service conduct has reflected continued commitment to your community.  The Board commends your post service accomplishments.  Notwithstanding, the Board noted that you were sufficiently notified of your procedural rights, and you elected to waive such rights.  The Board noted you did not provide evidence to support your contention that you were deprived of your ability to apply for a hardship discharge.  Further, the Board determined the family hardship you experienced did not mitigate the severity of your repeated misconduct.  
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,