Docket No: 8159-19 
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 16 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 on 30 October 1984.  During the period from 3 June 1985 to 9 October 1996, you received non-judicial punishments (NJP) five times, for making a false official statement, disorderly conduct, two specifications failure to go to your appointed place of duty, willfully disobeying a lawful order, six specifications of writing bad checks, and two specifications of unauthorized absence (UA) totaling nine days.  On 15 October 1985, you were diagnosed as being alcohol dependent and as a result, you were assigned to level III Alcohol Rehabilitation Inpatient Program.  However, on 31 October 1985, you were released from Level III Alcohol Rehabilitation Inpatient Program because of treatment failure.  Subsequently, on 12 November 1986, you were notified of pending administrative separation action by reason of misconduct due to minor disciplinary infractions.  After waving your procedural rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to minor disciplinary infractions.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 19 December 1986, you were discharged.    
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you received a Good Conduct Medal (GCM) on 9 October 1986.  However, the Board concluded that the seriousness and repetitiveness of your misconduct outweighed your desire to upgrade your discharge.  
 
In regard to your contention that you received a GCM on 9 October 1986, the Board noted that the record contains documented evidence which is contrary to your contention.  A review of the record shows that on 9 October 1986, you received NJP due to being in a UA status.  As a result, your time for being eligible to receive a GCM restarted on that day, making you eligible to receive a GCM three years from 9 October 1986.  As you were discharged prior to that three year period, you were not eligible for a GCM. 
 
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, 
 
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