Docket No: 7017-20 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 23 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, policies. You enlisted in the Marine Corps on 19 August 2003. On 29 November 2004, you were convicted by special court-martial (SPCM) for an unauthorized absence from 16 February 2004 until 31 August 2004. You were sentenced to confinement and reduction in rank. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. After you waived your procedural rights, your commanding officer (CO) recommended discharge by reason of misconduct due to commission of a serious offense with an other than honorable (OTH) characterization of service. After the Staff Judge Advocate determined the separation package was sufficient in law and fact, the discharge authority concurred with the CO’s recommendation and directed that you be discharged by reason of misconduct with an OTH characterization of service. On 8 April 2005, you were discharged. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you want to increase your “enlistment opportunity” to serve your country, have plans of “joining law enforcement,” and have completed a citizen’s policy academy. The Board also considered your statement that you are applying for benefits related to ear rupture damage and a heart murmur that occurred during service. The Board noted that you were not sentenced to a bad conduct discharge at your SPCM but, it appears from the CO’s recommendation, that you desired to be “out of the Marine Corps” and “extensive conversations” were unsuccessful in persuading you to change your mind. Further, the Board noted that you did not provide any documentation or advocacy letters in support of your request for an upgraded characterization of service. Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency. 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,