Docket No: 4487-19 
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 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 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 26 October 1982.  On 2 August 1984, you received non-judicial punishment (NJP) for an unauthorized absence totaling eight days.  On 23 August 1984, you received your second NJP for an unauthorized absence (less than 24 hours).  On 3 October 1984, you received your third NJP for an unauthorized absence totaling three days.  Although your administrative separation documentation is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 30 November 1984, with an other than honorable (OTH) characterization of service for misconduct due to a pattern of misconduct. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that your discharge only reflects the last few months of your service.  You contend that you had severe problems adjusting to stateside after your tour of the Pacific.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in three NJPs.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Under the totality of the circumstances, the Board, in its review, determined that there was no probable material error or injustice in 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, 
 
9/17/2020

Executive Director