Docket No: 4592-19 
Date: Ref Signature 
 

 
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 1 July 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 you submitted, 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 18 September 1989.  On 13 July 1990, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 30 October 1990, you received NJP for wrongful appropriation.  From the period beginning on 28 October 1991 to 18 December 1991 you were counseled on three occasions regarding your misconduct.  You received NJP on 23 January 1992 for two specification of UA.  On 12 February 1992, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service for misconduct-pattern of misconduct.  On 11 March 1992, you were notified of the initiation of administrative separation proceedings for misconduct-pattern of misconduct.  On 16 March 1992, you waived your right to consult with counsel and your procedural rights.  On 18 April 1992, your administrative separation proceedings were determined to be sufficient in law and fact.  On 8 May 1992, the discharge authority approved and directed your discharge with an OTH characterization of service for misconduct-pattern of misconduct.  On 5 June 1992, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of good service in the Marine Corps, unfair discharge, and request for VA medical benefits.  The Board reviewed the materials and certificates that you submitted with your application.  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,