Docket No: 4895-19 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 25 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, 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 and began a period of active duty on 9 March 1987. On 12 October 1990, you received non-judicial punishment (NJP) for failure to report to your appointed place of duty. On 18 March 1991, you received your second NJP for an unauthorized absence from your appointed place of duty. On 7 October 1992, you were convicted by summary court-martial (SCM) of two specifications of uttering worthless checks and dishonorably failing to pay. Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to a pattern of misconduct. You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel and your right to present your case to an administrative discharge board (ADB). Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The separation authority approved the CO’s recommendation and directed your OTH discharge by reason of misconduct due to pattern of misconduct. On 13 January 1993, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and change your reenlistment code. The Board considered your statement, to include your contentions that your characterization of service and reenlistment code may have been harsh compared to the hard work and dedication during a six-year term of active duty. After careful consideration, the Board commends you on your post service chievements and accomplishments, however, concluded that these factors were not sufficient to warrant a change in your characterization of service or reenlistment code given the seriousness of your misconduct that resulted in two NJPs and a SCM conviction. Additionally, an RE-4 reenlistment code is authorized by regulatory guidance and assigned when an individual is separated by reason of misconduct. Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the 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,