Docket No: 4262-19 
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 the evidence with respect to your request to upgrade the characterization of your service to be insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file your application in a timely manner, the Board found it to be 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 12 August 2020.  The names and votes of the panel members 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, and applicable statutes, regulations, and policies. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 30 May 2000.  On 27 September 2001, you received non-judicial punishment (NJP) for an unauthorized absence of 134 days and missing movement in violation of Articles 86 and 87, Uniform Code of Military Justice (UCMJ), respectively.  On 27 November 2001, you received NJP for wrongfully using cocaine in violation of Article 112a, UCMJ.  You were notified that you were being processed for administrative separation on 3 December 2001, and you waived your right to an administrative discharge board.  On 18 January 2002, you were discharged from the Marine Corps under other than honorable conditions.   
 
Subsequent to your discharge, you petitioned the Naval Discharge Review Board (NDRB) to upgrade the characterization of your service based upon your unfair treatment and because you were not provided help or assistance when you requested it.  By memorandum dated 19 July 2010, the NDRB denied your request.   
 
In addition to reviewing your petition for error or injustice, the Board applied the guidance provided by the Under Secretary of Defense for Personnel and Readiness (“Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determination,” 25 July 2018) to determine whether equitable relief is appropriate in your case.  In this regard, the Board considered, among other factors, the stress that you claimed to be experiencing at the time of the misconduct that resulted in your discharge, to include your wife’s infidelity; your claims of harassment following receipt of a letter from your wife; your claim that your platoon sergeant tried to force you to go absent without leave; your assertion that you attempted or contemplated suicide both before and after your discharge, and that the cocaine use for which your received NJP and which served as a basis for your discharge was actually suicide attempt; your claim that your requests for help went unanswered; and your assertion that your treatment has left you mentally damaged. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  In making its determination, the Board noted that you did not provide any evidence supporting your assertion that you have suffered from any service-connected mental health problems, despite the fact that the Board sent you a letter dated 29 August 2019 requesting such documentation.  The Board carefully reviewed your naval records in light of your assertions and did not find evidence of any error or injustice warranting upgrading your characterization of service.  It concluded that your discharge characterization was appropriate under the circumstances, and there was insufficient evidence of any injustice to justify its upgrade. 
 
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,