Docket No: 5543-19 
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 22 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 13 October 1992.  It appears that on or about 27 October 1992, your commanding officer (CO) referred you to the Mental Health Unit (MHU) for a psychological evaluation due to your refusal to train and threatening to do self-harm.  You were diagnosed by MHU with immature personality traits, occupational problems and no major illnesses.  On 5 November 1992, you received non-judicial punishment (NJP) for failure to obey a lawful command from a superior commissioned officer.  On 10 November 1992 and 12 November 1992, you received an administrative counseling for unsatisfactory performance and conduct.  Subsequently you were notified of pending administrative separation action by reason of entry level performance and conduct.  You were advised of, and waived, your procedural right to consult with military counsel.  Your CO recommended administrative discharge with an entry-level separation because of your entry level performance and conduct.  The separation authority directed your administrative discharge with an uncharacterized entry-level separation by reason of entry level performance and conduct.  On 18 November 1992, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and ultimately concluded that these factors were not sufficient to warrant relief in your case because of your performance and conduct.  Additionally, applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual’s separation begins within 180 days of the individual’s entry on active service.   
 
The Board also considered your assertion that you are currently receiving 70% service connected disability compensation from the Department of Veterans Affairs (VA) for your service in the Marine Corps.  However, decisions reached by the VA to determine whether former servicemembers rate certain VA benefits do not affect previous discharge decisions made by the Marine Corps.  The criteria used by the VA in making its determinations are different than the criteria used by the Marine Corps when determining a member’s discharge characterization.  In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your 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,