Docket No: 2533-21 
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 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 12 May 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). 
 
You enlisted in the Marine Corps on 19 November 1997.  On 9 November 1998 and on 7 December 1998, you were counseled on displaying a lack of judgement, not returning to your appointed place of duty, failure to keep your command informed, and failure to keep your section informed.  On 5 February 1999 and on 11 March 1999, you received non-judicial punishment (NJP).  The offenses included absence from your appointed place of duty, disobeying a lawful order, wrongful use of marijuana, and larceny of $150.00 from another Marine.  Although the Board lacked your entire service record, and the documents related to your administrative separation were unavailable, the Board relied on a presumption of regularity and presumed that you were properly notified of your administrative separation processing by reason of misconduct due to drug abuse.  Ultimately, on 13 April 1999, you were separated under other than honorable conditions.    
 
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 desire to upgrade your discharge and contention that you were discharged under falsehood.  The Board noted that there is no evidence in your record, and you submitted none, to support your contention. 
   
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your two warning counseling’s and two NJPs, outweighed these mitigating factors.  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,  
5/18/2021
Executive Director