Docket No: 7864-19 
Ref: Signature date 
 
Dear 
 
This letter is in reference to your application for correction of your naval record, filed 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 with respect to your request to upgrade your characterization of service 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 the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 9 September 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 the 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 on 21 November 1983.  In the year 1986, you received nonjudicial punishment three times, for disobeying an order, writing bad checks, unauthorized absence, missing movement, and sleeping on watch.  On 26 January 1987, you received nonjudicial punishment for writing approximately 17 bad checks.  On 16 June 1987, you received nonjudicial punishment for using marijuana.  Despite your numerous nonjudicial punishments, you were allowed to complete your enlistment.  Upon your release, on 20 November 1987, you were assigned a general (under honorable conditions) characterization of service. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  In your petition, you state that you were smoking marijuana and drinking heavily to cope with a loss.  You did not provide any evidence to support your contention.  You also attached information demonstrating that you are receiving benefit payments for a service connected disability.  The Board determined that your contentions and mitigating factors did not rise to the level of an error or injustice warranting relief.   
 
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,