Docket No: 3928-19 
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 17 September 2020.  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 and available 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 5 December 1986.  Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Marine Corps.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Based on your Certificate of Release or Discharge from Active Duty (DD 214), you received an uncharacterized entry-level (ELS) separation from the Marine Corps due to performance and conduct on 23 February 1987.   
 
You requested that the Board consider changing your characterization of service to honorable.  The Board carefully weighed all potentially mitigating factors, such as your desire to have your characterization of service upgraded.  The Board noted that you did not provide any evidence in support of your petition.  Based on the limited evidence available, the Board concluded these factors were not sufficient to warrant a change to your uncharacterized ELS.  
 
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 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,