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

Docket No: 3262-21 
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 26 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 and began a period of active duty on 24 February 2004. 
You went on a period of unauthorized absence (UA) from 10 September 2004 until your surrender on 25 April 2005.  As a result of the foregoing, on 13 May 2005, you elected your right to consult with counsel, and submitted a request for discharge in lieu of trial by court-martial for the aforementioned period of UA.  On 9 June 2005, your commanding officer recommended disapproval of your request for discharge in lieu of trial by court martial.  Your commanding officer notes, at the time of your request for separation in lieu of trail by court martial, your family members were enrolled in the programs for which they were eligible for, therefore your request for discharge had no basis.  On 16 June 2005, your request for separation in lieu of trial by court martial was determined to be sufficient in law and fact.  On 30 June 2005, the discharge authority approved your request for discharge with an other than honorable characterization of service by reason of separation in lieu of trial by court martial.  On 6 July 2005, you were so discharged.   
 
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 characterization of service. You state that your recruiter advised you that your dependents would be added after your enlistment. You contend due to this administrative error you left to support your family and returned to be accounted for by the Marine Corps.  The Board reviewed the evidence you provided with your application.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board considered your commanding officer’s statements, and your extended period of UA, which resulted in your request for discharge to avoid trial by court martial.  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, 
 
6/15/2021
Executive Director