DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7327-19 Ref: Signature Date 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 9 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, as well as applicable statutes, regulations, and policies. You enlisted in the Marine Corps] and began a period of active duty on 16 July 1981. On 23 July 1982, you received nonjudicial punishment (NJP) for four incidents of unauthorized absence (UA) and awarded forfeiture of pay. Four months later, on 22 November 1982, you began a period of UA that continued until 24 November 1982. On 7 December 1982, you received a second NJP for UA and awarded forfeiture of pay and correctional custody. Four months later, on 22 April 1983, you began a period of UA that continued until 25 April 1983. On 26 April 1983, you received a third NJP for UA, and were awarded forfeiture of pay, extra duties, and correctional custody. On 9 May 1983, you were counseled regarding your poor attitude, refusal to follow orders, and failure to participate in platoon training. You were advised that failure to take corrective action could result in administrative separation and judicial proceedings. On 11 May 1983, you were counseled for failing your physical fitness test (PFT). Two weeks later, on 23 May 1983, you received a fourth NJP for four incidents of UA, failure to obey lawful orders, and wrongful appropriation of another Marine’s property. You were awarded restriction, extra duties, forfeiture of pay, and reduction in rank to E-2. Approximately one month later, on 29 June 1983, you were convicted by summary court-martial (SCM) for violating Article 134 (breaking restriction) of the Uniform Code of Military Justice (UCMJ). You were awarded confinement with hard labor and reduction in rank E-1. On 30 August 1983, administrative action was initiated to separate you from the naval service by reason of misconduct due to your pattern of misconduct. After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service. The separation authority approved and, on 3 October 1983, you were so discharged. On 1 March 1984, the Naval Discharge Review Board informed you of their decision that your discharge was proper as issued and no change was warranted. You request that the Board upgrade your characterization of service to general (under honorable conditions). You assert that the punishments that you were awarded were “very unjust” for the “small immature mistakes” you made as a young man. You state that you rushed into the OTH and were not informed about what you were agreeing to. You state that in the last 10 years or so, you have “really regretted [your] decision.” Additionally, you state that you are very active in many pro-military groups such as the . The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions. However, the Board concluded that these factors were insufficient to warrant a change to your characterization of service, given your misconduct that resulted in four NJPs and a SCM conviction, despite having been advised of the potential for administrative separation. With respect to your contention that you rushed into accepting an OTH, the Board noted you opted not to consult with legal counsel and waived your right to submit a statement or have a hearing before an administrative discharge board. The Board noted your post-service support of the military; however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 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, 4/10/2020