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

Docket No: 0824-19 
Ref: Signature date 

Dear

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 5 February 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 22 November 1989.  You were counseled on 12 May 1992 regarding your alcohol related misconduct.  On 2 November 1992, in accordance with your pleas of guilty, you were convicted at a special court-martial (SPCM) for two specifications of unauthorized absence (UA) totaling approximately one month, two specifications of failure to obey a lawful order, two specifications of operating a vehicle while drunk, and one specification of wrongfully using marijuana.  On 9 February 1994, you received non-judicial punishment (NJP) for two specifications of UA from appointed place of duty totaling three days.  On 19 February 1994, you received a general (under honorable conditions) characterization of service at the expiration of your obligated active service.  A review of your Certificate of Release or Discharge from Active Duty (DD Form 214) shows your characterization of service was erroneously stated as “under other than honorable (general).” 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and contention that upon your return to duty following the death of your child you were not counseled.  You contend, you were informed your discharge would be upgraded in six months.  The Board noted the lack of some of your service records.  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.  The Board noted that you did not provide evidence, and your record did not contain evidence, to support your contentions.  Regarding your contention you were informed your characterization of service would be upgraded over time, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.  The Board concluded there is insufficient evidence to warrant relief in your case. 

Following the review of your naval record, an administrative error was identified on your Certificate of Release or Discharge from Active Duty (DD Form 214).  Any changes necessary to your naval record will be made by the Commandant of the Marine Corps, Records and Performance Branch (MMRP), 2008 Elliot Road, Quantico, VA 22134-5030.
 
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,