Docket No:  3139-19 
Ref: Signature date 
 
Dear : 
 
This is in reference to your application of 10 March 2019 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 18 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 17 January 2002.  On 14 May 2002, you received non-judicial punishment (NJP) for unauthorized absence.  On 11 July 2002, you were convicted by summary court-martial (SCM) of violation of a lawful order and larceny of personal property.  Subsequently, an administrative action was initiated to separate you from the naval service by reason of pattern of misconduct.  On 13 August 2002, your Commanding Officer (CO) notified you of administrative separation proceedings.  That same day, you waived your right to consult with counsel and to present your case to an administrative discharge board.  On 28 August 2002, the CO, School of Infantry, concurred with your CO and recommended administrative separation with an other than honorable (OTH) characterization of service.  On 10 September 2002, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH characterization of service.  On 11 September 2002, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions that you were involved in a bad motorcycle accident before boot camp and suffered severe head injuries.  The Board noted your request to have your discharge upgraded for peace of mind and your assertions you have not gotten into trouble, have been a productive citizen by holding steady employment and volunteer in your community.  The Board noted your admission that you did a very stupid and regrettable thing.  Finally, the Board noted you waived your rights to counsel and an administrative board.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP and a SCM conviction. 
 
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,