Docket No:  2446-19 
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 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 23 April 2001.  On 21 November 2002, you were convicted in a court of violation of customs and tariffs laws by mailing a gun from the  to other Marines.  Subsequently, administrative discharge action was initiated by reason of misconduct.  On 16 January 2003, you consulted counsel and waived an administrative board.  On 11 February 2003, the separation authority directed that you be discharged with an Other than Honorable (OTH) characterization of service.  You received an OTH discharge on 26 February 2003. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertion that you’ve been a good citizen for over 10 years and feel this was a one-time bad choice.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in a conviction in a court. 
 
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. 
 
                                          Sincerely,