Docket No: 4693-19 
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 8 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 submitted in support thereof, relevant portions of your naval record, applicable statutes, and regulations and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active service on 7 October 1977.  On 25 September 1978, you received non-judicial punishment (NJP) for possessing an altered ID card.  You went on two periods of unauthorized absence (UA) from 3 April 1979 to 21 July 1979 and 30 July 1979 to 3 December 1984.  On 28 January 1985, you were notified of the initiation of administrative separation proceedings by reason of misconduct-commission of a serious offense, at which point, you waived your right to consult with counsel and waived your right for review of your case by an administrative discharge board (ADB).  On 1 February 1985, your commanding officer recommended your separation from naval service with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense.  On 5 February 1985, your administrative separation proceedings were determined to be sufficient in law and fact.  On the same day, the discharge authority approved and directed your discharge with an OTH characterization of service by reason of misconduct-commission of a serious offense.  On 14 February 1985, you were discharged with an other than honorable (OTH), characterization of service.  Your Certificate of Release or Discharge from Active Duty (DD Form 214) erroneously reflects a separation reason of misconduct-pattern of misconduct. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention your family members were suffering from various illnesses at the time of your discharge.  You state, you were in the process of applying for a hardship discharge, however, you state, it would have taken four months.  You were later told it would take an additional four months.  You state, this caused you distress due to the condition of your family’s health.  The Board reviewed all of your supporting documentation and rationale.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 
 
Following the review of your naval record, an administrative error was identified on your Certificate of Release or Discharge from Active Duty (DD Form 214). Any changes necessary to your naval record will be made by the Commandant of the Marine Corps, Records and Performance Branch (MMRP), 2008 Elliot Road, Quantico, VA 22134-5030. 
 
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,