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

Docket No: 0656-19     
Ref: Signature date 

Dear ,

This letter 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 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 8 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps and began a period of active service on 30 January 1992.  On 6 August 1992, you were counseled regarding your misconduct, and you received non-judicial punishment (NJP) for unlawfully and willfully consuming alcohol under the age of 21, and violation of a lawful order.  On 27 January 1993, you received NJP for operating a motor vehicle while drunk, operating a motor vehicle in a reckless manner, and five specifications of violation of article 134.  On 19 February 1993, you were counseled regarding your frequent involvement with military authorities and frequent involvement with alcohol.  On 27 April 1993, you received your third NJP for unauthorized absence (UA) of four days.  On 18 June 1993, you commenced another period of UA until 2 August 1993.  That same day you were advised that you were being considered for administrative separation, at which time you waived your procedural rights, including your right to request that your case be heard before an administrative discharge board (ADB).  On 4 August 1993, you were notified of the initiation of administrative processing to separate you from the naval service by reason of misconduct-minor disciplinary infractions, at which point, your commanding officer recommended your discharge with a other than honorable (OTH) characterization of service.  On 5 August 1993, you received your fourth NJP for the aforementioned UA.  On 10 August 1993, after legal review, your administrative separation proceedings were determined to be sufficient in law and fact.  On 11 August 1993, the discharge authority approved the recommendation and directed your discharge with an OTH characterization of service by reason of misconduct-minor disciplinary infractions.  On 18 August 1993, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and your contention that you would have completed your enlistment if you had gone before and ADB.  However, the Board noted that you were sufficiently notified of your procedural rights, and you elected to waive such rights.  The Board concluded 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,