Docket No: 5022-20 
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 14 October 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 28 August 2000.  On 28 June 2002, you were counseled for taking a television from a barracks lounge.  On 9 September 2002, you were placed in the liberty risk program.  On 17 October 2002, you failed an alcohol rehabilitation program.  On 19 October 2002, you violated the liberty risk program by leaving post without a liberty buddy.  On 14 March 2003, you were convicted at a Summary Court-Martial (SCM) pursuant to your guilty pleas, of failure to go to your place of duty, disobeying a lawful order, assault, being drunk in public and being drunk and disorderly.  The case was originally referred to a Special Court-Martial, but you agreed to plead guilty at a SCM pursuant to a pretrial agreement (PTA).  Subsequently, administrative separation action by reason of Misconduct due a Pattern of Misconduct and Alcohol Rehabilitation Failure was initiated against you.  On 27 March 2003, you consulted counsel and waived an administrative board.  On 29 April 2003, Commanding Officer, II MEF Headquarters Group, recommended administrative separation with an other than honorable Conditions (OTH) characterization of service.  On 1 May 2003, the Staff Judge Advocate to the Separation Authority found the package legally sufficient and recommended your administrative separation with an OTH characterization of service.  On 2 May 2003, the Separation Authority directed your administrative separation with an OTH characterization of service, and on 21 May 2003, you were administratively separated.  
 
You requested an upgrade of your discharge.  You stated you were young, immature, and going through family problems due to your overseas extension.  You asserted that you did not learn to deal with your alcohol problem and were trying to fix problems at home when it was you that needed to be fixed. You also asserted you had an ineffective defense counsel, had never been in a criminal court, did not know the process, and the Captain told you to initial everything.  However, the Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service given to your misconduct, which resulted in your guilty pleas at a SCM, pursuant to your PTA.   
  
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,