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 application on  1 April 2021.  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.  
 
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 were counseled on 26 July 2018 for violating curfew while on liberty.  Subsequently, non-judicial punishment was imposed on you for two specifications of orders violations on 11 January 2019; one specification for fraternization and the second specification for failing to sign out on liberty.  On 2 December 2019, you were counseled for sending inappropriate text messages to a female junior Marine.  Followed by another counseling on 12 February 2020 for multiple incidents fraternization.  On 23 October 2020, you were discharged for pattern of misconduct with a General characterization of service. 
 
The Board carefully considered your arguments that that your 11 January 2019 non-judicial punishment should be removed due to extenuating circumstances surrounding your misconduct.  You argue that limited number of personnel were garrisoned at your installation resulting in unduly familiar relationships between senior and junior Marines.  Additionally, you assert the leadership of your command abused their power unfairly in imposing non-judicial punishment.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In reviewing the facts of your case, the Board found no basis for setting aside the non-judicial punishment resulting from your orders violations.  There was no evidence that you did not commit the misconduct that formed the basis for the non-judicial punishment and the Board found no evidence that your Commanding Officer abused his discretion in imposing punishment for your misconduct.  Finally, the Board noted that a size of a garrison is not a legal defense to fraternization or failing to sign out on liberty in violation of existing orders.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,