Docket No:  1412-19 
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Your application was filed in a timely manner and the Board found it in the interest of justice to consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 21 October 2019.  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. 
 
You enlisted in the Marine Corps and began a period of active duty on 4 March 2013.  On 7 January 2013, you signed the USMC policy regarding sexual assault and sexual harassment.  On 22 January 2015, the Battalion Surgeon recommended that you be administratively separated for drinking while enrolled in the Substance Abuse Rehabilitation Program (SARP).  On 25 February 2015, after acknowledging that you had been given the opportunity to consult with a legal defense counsel, you entered and “Agreement For Disposition Of Charges,” wherein you agreed to enter a voluntary plea of guilty to charges of adultery, assault upon a female, and making a false official statement, at battalion commander’s nonjudicial punishment (NJP) and to waive your right to an administrative discharge board (ADB) proved that the battalion commander agreed not to refer you case to a summary court-martial.  You also acknowledged that waiving your right to and ADB would “likely result in [your] receiving a discharge under other than honorable [OTH] conditions.”  Accordingly, on 12 March 2015, nonjudicial punishment (NJP) was imposed on you for adultery, assault on a female, and false official statement.  In accordance with your pleas of guilty, you were found guilty at NJP.  Subsequently, administrative discharge action was initiated to separate you from the naval service by reason of misconduct due to your commission of a serious offense (as evidenced by your 12 March 2015 NJP).  On 10 April 2015, you waived your right to have your administrative discharge case heard before an ADB.  On 18 May 2015, your commanding officer (CO) stated that you had informed him that you “did not wish to remain a Marine” and had “no desire to serve,” “no desire to better [yourself] or make an effort,” and that you were “prepared for civilian life.”  Your CO recommended that you be discharged from the naval service with an other than honorable characterization of service.  That same day, the staff judge advocate to the separation authority found your administrative separations package legally sufficient and recommended that you receive an OTH discharge due to misconduct.  On 28 May 2015, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  On 11 June 2015, you were so discharged with a reentry (RE) code of “RE-04” and a narrative reason for separation of “misconduct (serious offense).”   
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and reentry code, and your assertions that you are working with the Navy recruiting office so you can serve again in naval special warfare and need an upgraded reenlistment code to enlist.  The Board also considered your assertion that you see the error of your “foolish young Marine ways” and wish to restore your honor.  Finally, the Board considered your assertions that you were young, inexperienced and foolish with women and the woman you met was “nothing but trouble.”  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, wherein you voluntarily pleaded guilty and waived your ADB (knowing such would likely result in your receiving and OTH discharge) in exchange for your charges not being referred to a court-martial.   
 
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 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.