DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 0531-19 
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 29 January 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 22 June 1979.  On 11 June 1980, you received non-judicial punishment (NJP) for damaging a government vehicle by driving in an unauthorized area, false official statement, and robbery.  On 29 August 1980, you received your second NJP for failure to obey a lawful order on two occasions and disrespect in language and deportment.  On 19 October 1982, you received your third NJP for failure to report to your prescribed place of duty, disrespect towards a noncommissioned officer, and two specifications of failure to obey a lawful order.  On 6 April 1983, you were convicted by summary court-martial (SCM) of disrespect in deportment on two occasions and disobeying a lawful order.  Although your administrative separation documentation, is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 13 May 1983, with an other than honorable (OTH) characterization of service by reason of misconduct. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that that since your discharge you have worked hard to be a better person including taking care of both parents until their passing, but health problems in the last couple of years have occurred causing you to become homeless because you cannot work.  You are currently staying at a  transitional housing in  and because of the OTH you are not eligible for HUD/VASH which would help you get better housing.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in three NJP’s and a SCM conviction.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.  Under the totality of the circumstances, the Board, in its review, determined that there was no probable material error or injustice in your 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,