Docket No: 5326-20 
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 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 22 January 2021.  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 enlisted in the Marine Corps on 22 January 2002.  On or about 4 December 2002, you had fallen asleep while on a fire watch.  Thereafter, you absented yourself for a 26 day period of unauthorized absence.  During that time frame, you were also arrested by civilian authorities on a charge related to larceny.  On 13 January 2003, you received nonjudicial punishment for two instances of unauthorized absence as well as for sleeping on watch.  On 28 January 2003, you were notified of the initiation of administrative separation processing, and your rights in connection with same.  You waived your right to an administrative board.  On 17 April 2003, you were discharged with an other than honorable characterization of service. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and contentions that you were used as a medical guinea pig and left in medical, and that you were provided sleep inducing medications but then made to stay up late for fire watch.  Based upon its review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct outweighed these mitigating factors.  In addition, your service record did not contain, and you not provide, sufficient information or explanation concerning your contention that you were a medical guinea pig and left in medical, and that you fell asleep on watch due to medication.  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 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,