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

Docket No: 0569-19 
Date: Ref Signature 
 
 

Dear : 
 
This is in reference to your application of 26 September 2018 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 22 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, and regulations and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 20 January 1991.  From the period from 11 June 1993 to 30 March 1995 you received non-judicial punishment (NJP) on five occasions for the following offenses: larceny, wrongfully possessing and altering an armed forces ID card, two specifications of assault, maltreatment of a Marine, breaking restriction, drinking while in restricted status, and unauthorized absence (UA).  On 21 April 1995, you were notified of the initiation of an administrative action to separate you from the naval service for reason of misconduct-pattern of misconduct, at which point, you waived your right to consult with counsel and your right to present your case to an administrative discharge board (ADB).  On 16 June 1995, your administrative separation proceedings were determined to be sufficient in law and fact.  On 21 June 1995, the discharge authority approved and directed your discharge with an other than honorable characterization of service for misconduct-pattern of misconduct.  You were so discharged on 5 July 1995. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contention that your commanding officer stated your discharge would be upgraded in 6 months.  The Board noted there is no evidence in the record, and you submitted none, to support your contentions.  There is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.  The Board concluded that the severity of your repeated misconduct outweighed your current desire to upgrade 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,