Docket No: 11600-19 
Ref: Signature Date 

Dear  
 
This 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 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 5 May 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 your 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 will 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 a period of active duty on 10 December 2001.  On 5 December 2001, you signed the US Marine Corps policy on sexual harassment.  On 6 March 2013, you received nonjudicial punishment (NJP) for having wrongfully engaged in, encouraged, or sought an inappropriate relationship with a child under 16 and for obstruction of justice.  Subsequently, administrative discharge action was initiated.  On 10 April 2013, you consulted counsel and waived an administrative discharge board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 11 April 2013, your commanding officer recommended you be separated with an other than honorable (OTH) characterization of service.  On 7 May 2013, the staff judge advocate to the separation authority found the package legally sufficient.  On 7 May 2013, the separation authority directed that you receive an OTH discharge, which you received on 17 May 2013.  On 26 January 2015, the Naval Discharge Review Board (NDRB) denied your requested relief, but noted an administrative error that your Certificate of Release or Discharge from Active Duty (DD Form 214) should contain the statement: “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 011210 UNTIL 051116 AND 051230 UNTIL 091214.” 
 
The Board carefully considered your request that your DD Form 214 reflect your honorable service from 10 Dec 01 to 9 Dec 10.  The Board discovered that the errors identified by NDRB, as noted above, were never corrected in your record.  (Please note that these dates are not identical to the dates you are requesting.)  The NDRB approved changes to your naval record will be made by the Commandant of the Marine Corps, Records and Performance Branch (MMRP), 2008 Elliot Road, Quantico, VA 22134-5030.  Please wait at least 60 days from the date of this letter before contacting MMRP about the status of your case. 
 
It is regretted that the circumstances of your case are such that complete favorable action cannot be taken.  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. 
 
                                          
Sincerely, 
                                                                               
6/15/2020