Docket No: 8987-19 
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 30 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 26 August 1986.  On 4 November 1987, a summary court-martial convicted you of unauthorized absence (UA) totaling 24 days.  On 19 October 1988, a special court-martial convicted you of UA totaling 14 days.  On 26 January 1989, you received non-judicial punishment for failure to go at prescribed time to your appointed place of duty and absence from your unit.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After waving your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation by reason of misconduct, under OTH conditions.  On 14 April 1989, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contentions that you never knew you received an OTH discharge and you signed original orders which stated you were receiving an honorable discharge.  In this regard, the Board concluded that your repeated misconduct outweighs your desire to upgrade your discharge.  
 
In regard to your contention that you never knew you received an OTH discharge, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows that on 1 March 1989, you were notified of your CO’s recommendation that you receive an OTH discharge and you waived your right to request a hearing before an administrative board.  The record also shows you singed your Certificate of Release or Discharge from Active Duty (DD Form 214), which showed your characterization of service as OTH.  Regarding your contention that you signed original orders, which stated you were receiving an honorable discharge, the Board noted that a review of your records indicates that you received travel orders on 16 February 1989, which incorrectly indicated that you received an honorable characterization of service.  Please note that a travel order is not considered as an official documentation releasing you from the Marine Corps.  The DD Form 214 issued on 14 April 1989, is your official documentation releasing you from the Marine Corps.  Your DD Form 214 displays your signature acknowledging receipt and your OTH 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,