Docket No: 9218-19 
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 the evidence with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although you did not file the application 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 29 July 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 the 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 Reserve on 2 January 1990.  On 12 June 1990, you were counseled for poor performance during an inspection.  On 14 June 1990, you received nonjudicial punishment for unauthorized absence and failing to obey a lawful order.  On 27 June 1990, you were counseled that you were not recommended for promotion due to deficiencies in your judgment.  On 27 June 1990, you again received nonjudicial punishment, this time for breaking restriction.  On 2 July 1990, you received a psychiatric evaluation, which stated that you admitted to dealing drugs both before and during your military service.  The evaluation also recommended that you be separated due to your inability to function in a military environment.  On 2 July 1990, you were notified that you were being processed for administrative separation, and on 5 July 1990, you waived your right to an administrative discharge board.  You were discharged on 27 July 1990, with a general characterization of service. 
 
In your current case, the Board carefully weighed all of your contentions as and all potentially mitigating factors, including your contention that you received good conduct medals and that you were not a troubled Marine.  The Board considered your contention that your general discharge is causing current issues with your employment.  The Board considered your application in light of the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.”  In making its decision, the Board considered that, according to your records, you were provided several warnings and were given several opportunities to correct your performance and behavior.  The Board determined that your characterization is consistent with your performance and behavior.  Accordingly, after careful consideration of your contentions and materials, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 
 
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.