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

Docket No: 8544-19 
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 31 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 reenlisted in the Marine Corps on 21 November 1990.  On 27 November 1990, you received nonjudicial punishment (NJP) for disobeying a lawful order and were awarded reduction in rank, which was suspended for four months.  On 1 March 1991, you were counseled for writing bad checks.  You were advised that failure to take corrective action could result in administrative separation and judicial proceedings.  On 4 April 1991, you were counseled regarding poor judgment, lack of self-discipline and misconduct and again advised that failure to take corrective action could result in administrative separation and judicial proceedings.  On 11 April 1991, the suspended portion of your previous NJP award was vacated.  You received a second NJP for writing bad checks and awarded restriction and extra duties.  On 10 March 1992, you received a third NJP for writing bad checks and awarded forfeiture of pay, extra duties, and reduction in rank.  On 11 May 1992, administrative discharge action was initiated due to a 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 (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service. The separation authority approved your CO’s recommendation and directed your discharge from the Marine Corps.  On 8 June 1992, you were discharged with an OTH characterization of service. 

You request the Board upgrade your discharge.  You assert that based on all of the missing and inaccurate information on your DD Form 214, you merit an upgraded discharge.  The errors you cited were that you earned a secondary MOS, were promoted to E-4, and were awarded a Meritorious Mast and fourth expert rifle badge.  In support of your petition, you attached documents including community college course completion certificates, a certificate of appreciation for volunteering with Teen Court, a taser training certificate, and conference attendance certificates. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in three NJPs, two of which occurred after you were warned about the potential for administrative separation.  Additionally, the Board noted your contentions regarding the errors on your DD Form 214 are not supported by your record, and you provided no evidence to support your contentions. 

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,