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

Docket No: 0891-19 
Ref: Signature date 


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, applicable statutes, and regulations and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Marine Corps and began a period of active service on 18 January 1994.  You were counseled on 27 March 1995 regarding your misconduct (failing to report to work on time and failure to obey orders and regulations).  On 16 October 1995, you received non-judicial punishment (NJP) for larceny and wrongful appropriation.  On 19 January 1996, you were counseled regarding your misconduct (cashing a check with insufficient funds).  On 7 February 1996, you received NJP for unauthorized absence (UA) from your appointed place of duty.  On 8 January 1997, you received NJP for failure to obey a lawful order.  On 17 January 1997, you were counseled regarding your alcohol related misconduct.  On 15 April 1997, you received NJP for UA.  On 26 May 1997, your commanding officer (CO) recommended your discharge by reason of your pattern of misconduct.  The recommendation also indicates that you received a separation brief prior to discharge.  On the same day, you were notified of the initiation of administrative proceedings to separate you from the naval service by reason of misconduct-pattern of misconduct.  The notification specifically stated that you were being recommended for separation with an other than honorable (OTH) characterization of service.  The notification also advised you of your procedural rights, including your right to consult with and be represented by legal counsel, and to request to have your case heard by an administrative discharge board (ADB).  That same day you acknowledged and waived your procedural rights in writing.  On 3 July 1997, the discharge authority approved your CO’s recommendation and directed your discharge with an OTH characterization of service by reason of misconduct-pattern of misconduct.  On 9 July 1997, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contention that your discharge was not explained to you.  The Board noted there is no evidence in the record, and you submitted none, to support your contentions.  The Board concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your 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 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,