EPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

Docket No. 7669-20 
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code (U.S.C.). 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 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 31 August 2021. 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 requested to receive constructive credit for the time necessary to qualify for retirement; in the alternative, retire under the provisions of the Temporary Early Retirement Authority (TERA). The Board in its review of your entire record and application carefully weighed all potentially mitigating factors, to include your assertions.  The Board determined sanctuary provisions for serving over 18 years of active duty service is outlined in 10 U.S. Code § 1176. However, this does not apply to you because you were discharged due to misconduct of a serious offense.  Furthermore, the Board found at the time of your discharge (14 June 2016), the Marine Corps did not authorize retirement under TERA.  Lastly, The Marine Corps Administrative Message 135/19 referenced in your application was released on 4 March 2019 for Marines that met the criteria listed at the time the message was released. Your other contentions in your applications were adjudicated on 23 July 2021 (Docket No: 7648-20) which was mailed to you on 6 August 2021. 

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 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, 

10/1/2021
Deputy Director