Docket No: 0735-20 
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  
4 November 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 13 February 1975.  On 19 March 1975, you voluntarily made a written statement regarding your concealment of your prior enlistment in the Marine Corps for the period from 6 January 1971 to 30 April 1971, which you were administratively discharged with a general (under honorable conditions) characterization of service because of unsuitability.    
 
On 3 April 1975, you were notified that you were being recommended for administrative discharge from the naval service because of procurement of a fraudulent enlistment by concealment of your prior military service.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended administrative discharge from the naval service with a general (under honorable conditions) characterization of service.  The separation authority approved the recommendation and directed that you be separated from the naval service with a general (under honorable conditions) characterization of service.  On 11 April 1975, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contentions that: (a) your intent was to serve this nation at its time of need, and the steps you tried to take to accomplish this were well within the spirit of the Marine Corps; (b) someone talked you into accepting a discharge as an easy way out; (c) you really wanted to stay and fight for the honor of being a Marine and serve your country; (d) after fighting this injustice to no avail, you have proved your qualifications; and (e) you desire as you have always desired and felt that you should have been given the opportunity to serve in the best interest of yourself and the Marine Corps. 
 
The Board relies on a presumption of regularity to support the official actions of public officials and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Unfortunately, after careful consideration of your contention, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your fraudulent enlistment warranted a general (under honorable conditions) characterization of service.   
 
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,