Docket No: 1985-20            
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.     
 
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 26 October 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). 
 
Your record reflects that you enlisted in the Marine Corps and began a period of active duty on 31 August 1999.  On 5 July 2000, you were counseled for dereliction of duty for sleeping at your post.  You were counseled again on 15 February 2001 for making two false official entries to the armory security check sheet in advance of a security check.  You were counseled a third time on 23 February 2001 for failing to report that another Marine was illegally using controlled substances.  You also received nonjudicial punishment (NJP) on 23 February 2001 for disobeying orders by having two females in your room.  On 16 March 2001, you received a second NJP for failing to go to your appointed place of duty.  On 29 May 2001, you were counseled for leaving your post and failing to render appropriate respect to your commanding officer.  You were counseled on 26 September 2001 for negligence in the performance of your duties by failing to maintain and keep in good condition government property issued to you.  On 17 January 2002, you were counseled for lack of responsibility and judgment that resulted in the destruction of government property.  You received a third NJP on 8 July 2002 for willfully damaging military property.  You were counseled on 21 July 2003 for failing to obey a lawful order.  Finally, you were counseled on 12 February 2003 for failing both to sign out on liberty and to return to the USS  at the designated time.  You were discharged from the Marine Corps upon the completion of your active duty service obligation on 30 August 2003 with a general (under honorable conditions) discharge and a reentry (RE) code of 3C.  Your average proficiency and conduct marks were 3.9.   
 
You requested that the Board upgrade your characterization of service to honorable because you believe your characterization of service to be unjust.  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 deployment in support of Operation Iraqi Freedom; that you completed your active duty service obligation; that you served for four years in the inactive reserves without any trouble; that you qualified for the Combat Action Ribbon; the collateral consequences of your general discharge, specifically the unavailability of the GI Bill; that you contributed toward the GI Bill; your relative youth at the time of the conduct for which you received a general (under honorable conditions) characterization of service; and the passage of time since your discharge.  Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, reflected in numerous counselings and three NJPs, clearly outweighed these mitigating factors.  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 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,