Docket No: 10908-19 
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 the evidence with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 22 July 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a 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 enlisted in the Marine Corps and began active service on 10 September 1991.  On 28 October 1993, you submitted a request for a discharge in lieu of trial by court-martial based on allegations that you had engaged in conduct trial by a court-martial in connection with the creation of a false set of permanent change of station orders and associated actions. Prior to submitting this request, you consulted with a qualified military attorney and were advised of the implications of your request.  On 24 November 1993, your request was granted, and on 3 December 1993, you were discharged with an under other than honorable characterization of service. 
 
The Board carefully weighed your desire to upgrade your discharge as well as all potentially mitigating factors, including your contention that you were young and naive and that your wife at the time engaged in the actions.  The Board also carefully considered your laudable activities since the time that you were discharged, including your substantial educational attainments, as well as your commitment to serving others.  The Board considered your application in light of the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.”  After careful consideration of your contentions and materials, however, the Board, while sympathetic to your situation, did not find evidence of an error or injustice that warrants upgrading your 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,