Docket No: 6529-20
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 you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 21 December 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, as well as 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 2 May 1990.  On each 9 January 1991 and 1 October 1992, you received nonjudicial punishment for offenses including disobeying an order.  On 17 December 1992, you receive nonjudicial punishment for use of marijuana as well as for two periods of unauthorized absence.  Shortly thereafter, on 8 January 1993, you received an additional nonjudicial punishment for willfully disobeying an order.  Thereafter, you were notified that you were being processed for administrative separation on 1 March 1993, and you were discharged on 12 April 1993, 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 in accordance with the Wilkie Memo.  These included, but were not limited to, your contention that upgrading your discharge would improve the quality of your life.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  The Board determined that the weight of the misconduct for which you were discharged overcame the positive aspects that you have set forth.  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,