Docket No: 5542-19 
             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 the evidence with respect to your request to upgrade your characterization of service 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps on 5 November 1986.  On 16 June 1987, you received nonjudicial punishment for using marijuana.  You then received nonjudicial punishment again on 10 September 1987, for failing to go to your appointed place of duty.  Also on 10 September 1987, you were counseled that any further deficiencies in your performance and/or conduct may result in processing for administrative discharge.  You received your third nonjudicial punishment on 18 September 1987, for unauthorized absence.  You were notified of the initiation of administrative separation processing on 27 October 1987, and you waived your right to an administrative board.  On 18 November 1987, you were discharged from the naval service with an other than honorable characterization of service. 
 
The Board carefully weighed all of your contentions and all potentially mitigating factors, including that at the time of your discharge you were under extreme duress and you did not understand the type of discharge you would receive.  The Board noted that you were warned of the consequences of further deficiencies in your performance and/or conduct prior to the misconduct that led to your third NJP.  The Board also noted that you waived your right to an administrative discharge board, where you could have advocated for a better characterization of service.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service and concluded that your discharge was properly issued.   
 
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,