Docket No: 488-19                                                                                                                          
Ref: Signature date 


 
Dear : 
 
This letter 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 17 December 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps on 2 June 1983.  During the period from 23 April 1985 to 22 July 1986, you received three non-judicial punishments (NJP) for misconduct including drunk on duty, disrespectful in language toward an Non-Commission Officer (NCO), wrongfully having females in the BEQ, and communicating a threat to an NCO.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to a pattern of misconduct.  After you were advised of, and waived, your procedural rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and, on 10 October 1986, you were so discharged. 
 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you were not offered rehabilitation or provided counseling to help you get through a tough time emotionally after a friend was killed on active duty, as well as your contention that a sergeant had a “personal vendetta” against you.  However, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. 
 
In regard to your contentions that you were not offered rehabilitation or provided counseling on active duty and that a sergeant had a personal vendetta against you, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that the record shows that you were notified of, and waived, your right to present your case to an administrative discharge board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. 
 
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.