Docket No: 1381-20/
           6239-18
Ref: Signature Date             
            
  
Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your reconsideration application on 9 December 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
The Board determined that your personal appearance, with or without counsel, would 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 requested that your discharge be upgraded.  As new matters, the Board considered your personal statement and enclosures to include a statement from  and a letter from the Consulate General.  The Board considered your contention that you were charged with misconduct as an act of revenge against you by your commanding officer.  You state the injustice came at the hands of your counsel, that your counsel worked for the Marine Corps, did not work in your best interest, and threatened you with the possibility of 20 years in prison.  You further contend your counsel pushed you to accept the discharge.  You further state you were only nineteen years old, you feared and respected authority, and did not have a true education.  You state you were destroyed by nothing more than statements, fear, and no proof.   

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge, contention that you have been a productive member of society since your discharge, and lived an honorable life.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Please note, the Board is not an investigating agency, nor does it have the resources to investigate unsubstantiated allegations regarding individuals and occurrences.  Additionally, 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.  Your allegations failed to overcome that presumption.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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,