Docket No: 5760-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 20 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 10 July 1984.  On 5 April 1985, nonjudicial punishment (NJP) was imposed on you for Unauthorized Absence and Disobedience of Lawful Orders.   On 3 July 1985, NJP was imposed on you for Failure to Go.   On 28 January 1986, NJP was imposed on you for being Incapacitated for Proper Performance of Duties.  On 7 May 1987, NJP was imposed on you for Disobedience of a Lawful Order and Willful Damage to Government Property.   On 9 May 1988, NJP was imposed on you for Disobedience of Lawful Orders.  Subsequently, administrative separation action by reason of Misconduct – Minor Disciplinary Infractions was initiated against you.  You were notified of administrative separation proceedings against you and, on 25 May 1988, consulted counsel and requested to meet an administrative board.  On 3 June 1988, your battalion Commanding Officer recommended administrative separation with an Under Other than Honorable Conditions (OTH) discharge.  On 7 June 1988, Commanding Officer, , recommended administrative separation with an OTH discharge.  On 30 June 1988, you consulted counsel and waived an administrative board.  On 5 July 1988, the Staff Judge Advocate to the Separation Authority found the package legally sufficient and concurred in the command recommendations.  On 6 July 1988, the Separation Authority directed you be administratively separated with an OTH discharge.  You were discharged from the Marine Corps on 29 July 1988, with an OTH discharge.   
 
You have requested an upgrade of your OTH discharge characterization.  You stated that all of your misconduct was alcohol related, you went through a bad divorce and received a “Dear   ” letter, which drove you over the edge.  You assert that you went through treatment and your last two years in the service were without any problems.  You assert that you were going to fight the discharge and were told it could take up to six months, so you decided to get out.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given your misconduct, which resulted in five NJPs.  The Board noted your final NJP was only two weeks prior to notification of administrative separation.  The Board also noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of 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,