Docket No:  1858-19 
Ref: Signature date 

Dear  
 
This letter 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 4 November 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 27 July 1999.  On 4 May 2000, you began an unauthorized absence (UA) and surrendered on 31 May 2000.  On 21 August 2000, you were convicted by summary court-martial (SCM) of UA, missing movement, and violation of lawful order.  Subsequently, administrative action was initiated to discharge you from the naval service with an other than honorable (OTH) characterization of service by reason of your misconduct.  On 27 October 2000, you were so discharged.  You petitioned he Naval Discharge Review Board (NDRB) for an upgrade of your discharge to a general (under honorable conditions) (GEN) characterization of service and the NDRB granted your petition on 30 January 2008. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your assertions that you and a fellow Marine were hazed together.  The Board also considered your assertion that you feared for your life.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in a SCM conviction for UA, missing 
movement, and violating a lawful order, as well as the clemency already granted to you by the NDRB when it upgraded your OTH characterization of service to GEN. 
 
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.