Docket No: 2105-18 

 Ref: Signature date
 
Dear 

This letter 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 that 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 
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 and personal statement, together with all 
material submitted in support thereof, relevant portions of your naval record, as well as 
applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps on you went to non-judicial punishment (NJP) for writing 
over $1,511 of bad checks to the Marine Corps Exchange. 
On you went to NJP for unauthorized absence (UA) for failing to go to your 
prescribed place of duty. On you went to NJP again for UA lasting 3 days. From 
your military records reflect that you were in another UA status. On 
you were in the custody of     civil authorities after being arrested for 
forgery of a check in the amount of $2,000.00 and multiple counts of automobile theft. 

On you were notified that you were being processed for an administrative 
discharge for misconduct due to minor disciplinary infractions, misconduct due to a pattern of 
misconduct, and misconduct due to the commission of a serious offense, and recommended to be 
discharged from the naval service with an other than honorable (OTH) characterization of 
service. You elected to waive your rights to consult with counsel, provide a written statement for 
consideration, and your right to present your case to an administrative separation board. 

Ultimately, on you were so discharged from the Marine Corps with an OTH 
characterization of service. 

The Board carefully weighed all potentially mitigating factors in your case, including your 
contentions that you know you “messed your military career up by doing things that [you] should 
not have done,” that you regret doing so, that you feel that you should have been given a general 
(under honorable conditions) characterization of service, and that you know that it is a “stretch” 
to ask this of the Board, but you are willing to do what you have to do in order to get your 
discharge status changed. However, the Board found that your contentions and mitigating 
factors were insufficient to warrant relief in your case given the overall seriousness of your 
pattern of misconduct. Further, the Board noted the record shows you were notified of and 
waived your procedural rights in connection with your administrative separation. In doing so, 
you gave up your first and best opportunity to advocate for retention or a more favorable 
characterization of service. Accordingly, the Board determined that there was no probable 
material error or injustice in your discharge, and the Board found that the severity of your 
misconduct clearly supported your receipt of an OTH discharge. 

Additionally, the Board reviewed your application under the recent guidance provided in the 
Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military 
Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding 
Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo 
is to ease the process for veterans seeking redress and assist Boards for Correction of 
Military/Naval Records “in determining whether relief is warranted on the basis of equity, 
injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the 
circumstances under which citizens should be considered for second chances and the restoration 
of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct 
military records to ensure fundamental fairness.” The USD Memo sets clear standards and 
principles to guide BCM/NRs in application of their equitable relief authority, and further 
explains that boards shall consider a number of factors to determine whether to grant relief, such 
as positive or negative post-service conduct, including any arrests or convictions. However, 
even in light of the USD Memo, the Board still concluded that, given the totality of the 
circumstances and your lengthy pattern of discreditable involvement with military and civilian 
authorities, your request does not merit such relief. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the 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.