Docket No: 6282-19 
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 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps on 16 February 1994.  On 7 November 1994, and 19 January 1995, you were counselled for uttering checks without sufficient funds.  You were also counseled on 8 February 1995, for lack of discipline and maturity.  In each counseling, you were advised that failure to take correction could result in administrative separation or judicial proceedings.  On 27 January 1995, and 9 February 1995, you received nonjudicial punishment for unauthorized absences.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After waiving your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The discharge authority approved the recommendation and directed your separation.  On 3 March 1995, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as character letters, your desire to upgrade your discharge and contention that your warrant officer was prejudice against you, and picked on you because of the way you looked and dressed.  The Board also noted your contentions that since discharge your life has changed for the better, you attended community college, received a trade, own a successful small business, and provide internships and clothing to the less fortunate.  In this regard, the Board concluded that seriousness of your misconduct outweighed your desire to upgrade your discharge. 
 
In regard to your contention that your warrant officer was prejudice against you and picked on you because of the way you looked and dressed, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative board.   Regarding your contentions that since discharge your life has changed for the better, you attended community college, received a trade, own a successful small business, and provide internships and clothing to the less fortunate, the Board noted while commendable, your post service conduct does not outweigh your misconduct while enlisted in the Marine Corps or the basis for 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,