Docket No: 5392-19 
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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the United States Marine Corps (USMC) on 1 April 1983.  On 14 December 1984, a summary court-martial convicted you of larceny of government property.  During the period from 21 March to 25 April 1985, you received two non-judicial punishments (NJP) for reckless driving and disobeying a lawful order.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After waiving your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of pattern misconduct.  On 21 May 1985, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you did not get a haircut before inspection; and that you were ordered by your CO to get a vehicle and take him off base.  In this regard, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. 
 
With regard to your contentions that you did not get a haircut before inspection; and that you were ordered by your CO to get a vehicle and take him off base, the Board noted that there is no evidence in your record, and you submitted none, to support either of these contentions.  In addition, the Board noted that neither of these events, individually, were the sole basis for your separation.  Rather, you were separated from the USMC due to a pattern of misconduct.  The record further shows that you were notified of and waived your right to present your case to an administrative separation board.  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. 
 
Sincerely,