Docket No. 5640-19 
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 to be 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 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 and applicable statutes, regulations and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 6 December 1978. On 8 August 1979, you were convicted by a summary court-martial (SCM) of two specifications of absence from your appointed place of duty in violation of Article 86, Uniform Code of Military Justice (UCMJ), one specification of violating a lawful general order in violation of Article 92, UCMJ, for possessing alcoholic beverages in your barracks room in violation of paragraph 3c, Marine Corps Order 1700.22, dated 26 September 1973, and two specifications of willfully damaging government property in violation of Article 108, UCMJ.  Between 21 September 1979 to 19 June 1980, you received non-judicial punishment (NJP) on four separate occasions for several instances of misconduct, including two specifications of assault in violation of Article 128, UCMJ; one specification of absence from your appointed place of duty in violation of Article 86, UCMJ; two specifications of failure to obey the order of a noncommissioned officer in violation of Article 91, UCMJ; one specification of negligently damaging government property in violation of Article 108, UCMJ; and one specification of disorderly conduct in violation of Article 134, UCMJ.  On 24 September 1980, you received a second SCM conviction for resisting apprehension in violation of Article 95, UCMJ, and disorderly conduct in violation of Article 134, UCMJ.  The finding of guilt for disorderly conduct was subsequently disapproved by the convening authority.  By memorandum dated 25 September 1980, you were notified of a pending administrative action to separate you from the Marine Corps for misconduct based upon your frequent involvement of a discreditable nature with military authorities.  You were advised of your procedural rights to consult with and be represented by military counsel and to present your case to an administrative discharge board (ADB), and by memorandum dated 26 September 1980 you elected to exercise these rights.  The ADB was convened on 14 October 1980, and recommended that you be discharged from the Naval Service under other than honorable (OTH) conditions.  By memorandum dated 30 December 1980, the separation authority approved the ADB’s recommendation, and you were discharged under OTH conditions on 14 January 1981. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board also considered your contention that your Colonel administered an inordinate amount of punishment (i.e., “NJP’s and courts martial [sic] every Wendnesday [sic] and Friday… [despite] only 60 Marines in the barracks”).  After careful consideration, 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 four NJPs and two SCM convictions.  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 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,