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

Docket No: 7175-19 
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 12 March 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 on 21 January 1999. On 19 October 1999, after being in the hands of civilian authorities since 16 August 1999, you pled guilty in civilian court in          , to a crime against nature and assault on a female.  On 11 January 2000, you were counseled by your commanding officer regarding your civilian conviction.  On 16 October 2001, you were counseled concerning your revocation of base driving privileges.  On 17 October 2001, you received nonjudicial punishment for an unauthorized absence from your appointed place of duty, two instances of disobeying an order, and disobeying an order given by the traffic court.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to pattern of misconduct and civilian conviction.  After you waived your procedural rights, your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service due to misconduct.  The discharge authority approved this recommendation.  On 11 February 2002, you were discharged with an OTH characterization of service. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were unjustly discharged after receiving “only one NJP.” The Board also considered your contention that although you “deserved punishment,” the elapsed time since your discharge and your post-service record of being “a family man and a good member of society” warrant an upgraded discharge, especially in light of the fact that “people fail drug tests and are able to stay in.”  The Board, however, noting that you did not submit any supporting documentation, post-service information, or advocacy letters, did not find evidence of an error or injustice that warrants upgrading your characterization of service. Based on your repeated misconduct, the Board determined that you were assigned an appropriate characterization of service. 

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,