Docket No: 8077-19 
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  
2 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 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 and began a period of active duty on 8 July 1998.  During the period from 28 July 1999 to 12 June 2001, you received three non-judicial punishments (NJP) for absent from your appointed place of duty, three specifications of disrespect and larceny. Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to a pattern of misconduct.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the CO’s recommendation and directed your OTH discharge by reason of misconduct due to a pattern of misconduct.  On 15 August 2001, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contentions that the punishment did not fit the offense, that you were constantly hazed, harassed, threatened and hounded by noncommissioned officers (NCO) and that at one point, you wrote a grievance and requested mast, but you were denied the opportunity.  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in three NJPs.   
 
Regarding your contentions, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Your allegations, unsupported in the record or by submission of documentation failed to overcome that presumption.  Further, this Board is not an investigating agency nor does it have the resources to investigate unsubstantiated allegations.  Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the 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 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,