Docket No: 0230-20 
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 was 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 28 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 and began a period of active duty on 24 July 2001.  On 4 October 2002, nonjudicial punishment (NJP) was imposed on you for Unauthorized Absence, Failure to go to your place of duty, and Disrespect to a Senior Noncommissioned Officer; and you also received a retention warning for Insubordination and Failure to Obey Orders.  On 22 November 2002, you received another retention warning for a Pattern of Misconduct.  On 2 December 2002, NJP was imposed on you for Failure to Obey a Lawful Regulation.  On 3 September 2003, NJP was imposed on you for Willful Destruction of Government Property.  On 15 December 2003, you were notified of administrative separation action by reason of Misconduct due to a Pattern of Misconduct.  You consulted counsel and waived your right to an administrative board (ADB).  On 2 February 2004, your Battalion Commanding Officer recommended you be administratively separated with an other than honorable (OTH) characterization of service.  On 5 March 2004, the Staff Judge Advocate to the Separation Authority (SA) found your package legally sufficient, and the SA directed you be administratively separated.  On 26 March 2004, you were administratively separated with an OTH characterization of service.   
 
You requested an upgrade of your discharge to Honorable.  You stated your discharge was inequitable because it was based on one isolated incident followed by NJPs and no treatment.  You asserted that, having had a choice, you would not have agreed to an administrative separation and would have agreed to serve your sentence to fulfil your enlistment.  The Board concluded these factors and assertions were not sufficient to warrant a change to your misconduct, which resulted in four NJPs. 
 
The Board noted that you were notified of and waived your procedural right to present your case to an ADB.  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable 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 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, 
 
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