Docket No: 4526-19                                          
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 21 October 2019.  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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 30 December 1996.  On 4 September 1997, you were counseled regarding unauthorized absence (UA), being intoxicated on duty, and unsatisfactory personal hygiene in uniform.  You were advised that failure to take corrective action may result in administrative separation and/or judicial proceedings.  On 30 September 1997, you received nonjudicial punishment (NJP) for disorderly conduct while intoxicated.  On 23 October 1997, a substance abuse counseling office evaluation determined you had a substance abuse disorder and recommended treatment that you refused.  On 20 March 1998, you received a second NJP for failure to obey orders by consuming alcohol.  On 13 November 1998, you received a third NJP for failure to obey orders and wrongful appropriation.  On 4 July 1999, you were counseled again regarding administrative separation after you were apprehended by military police for driving under the influence and being involved in an off base motor vehicle accident.  On 5 August 1999, you were convicted by summary court-martial (SCM) for violating Uniform Code of Military Justice Articles 86 (UA), 111 (driving under the influence), and 134 (fleeing the scene of an accident in        You were sentenced to forfeiture of pay.  On 9 September 1999, administrative discharge action was initiated by reason of pattern of misconduct.  After consulting with Counsel, you elected to have a hearing before an Administrative Discharge Board (ABD).  The ADB voted 3-0 for separation due to misconduct and an under other than honorable (OTH) conditions discharge.  On 6 January 2000, you received an OTH discharge. 
 
You requested the Board upgrade your discharge to general (under honorable conditions).  You asserted that after you received the first NJP and reduced to an E-1 you were bullied.  You admitted that you got in a few fights, and received a DUI.  You stated that after your SCM you requested to finish out the last year of your enlistment, but you were not retained.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in three NJPs and a SCM, all of which occurred after you had been warned about the potential for administrative separation.  With respect to your contention that you were the victim of bullying, the Board noted that you provided no evidence to support your contention.   
 
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.