Docket No: 1616-19 

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. 

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 the 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, 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 service on .  Your record is incomplete in that it does not contain all of the documents pertaining to your misconduct 
or your administrative discharge. Based on your Certificate of Release or Discharge from Active 
Duty (DD Form 214), it appears you submitted a written request for discharge for the good of the 
service to avoid trial by court-martial. Prior to submitting this request, you would have been 
required to confer with qualified military counsel, at which time you would have been advised of 
your rights and warned of the probable adverse consequences of accepting such a discharge. 
Your request was granted and your Commanding Officer (CO) was directed to discharge you 
from the naval service for the good of the service in lieu of trial by court-martial with an other 
than honorable (OTH) characterization of service. As a result of this action, you were spared the 
stigma of a court-martial conviction, as well as the potential penalties of a punitive discharge. 
You were so discharged on and assigned a RE-4B (assigned when there is a military or civil record of in-service drug involvement and there is no potential for further service) reentry code. On the Naval Discharge Review Board reviewed your discharge. The NDRB determined that your characterization of service was proper as issued and corrected your narrative reason for discharge to read “In Lieu of Trial by Court-Martial.” 

The Board, in review of your application, carefully weighed all potentially mitigating factors in 
your case, including your desire to upgrade your discharge, and your contention that your 
mistake is “haunting” you and affecting you, your new child, and your wife. The Board, noting 
that you did not provide any supporting documentation, discerned no probable material error or 
injustice in your discharge. The Board also noted your RE-4B reentry code and determined there 
was insufficient evidence to warrant upgrading your discharge due to your drug-related 
misconduct. Finally, the Board noted you received a benefit from being allowed to separate with 
an OTH, vice risking greater punishment at a court-martial and a potential punitive discharge. 

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.