Docket No: 4769-19                                                                                                               
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 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 21 October 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 12 June 2000.  On 19 April 2001, you were counseled regarding failure to prepare for inspection.  You were advised that failure to take corrective action may result in administrative separation and/or judicial proceedings.  On 13 June 2001, you received nonjudicial punishment (NJP) for failure to prepare for deployment, insubordination, sleeping on post, and malingering.  On 27 August 2001, you were counseled on your recent NJP and again warned about the potential for administrative separation.  On 26 December 2001, you received a second NJP for disrespectful language toward a noncommissioned officer while deployed in .  On 9 April 2003, administrative action was initiated to separate you from the naval service by reason of misconduct.  Your commanding officer recommended that you receive an other than honorable (OTH) characterization of service.  After consulting with military counsel, you elected to have a hearing before an administrative discharge board (ADB).  On 3 June 2003, the ADB 
unanimously voted to separate you with an OTH discharge.  On 5 September 2003, you were so discharged. 
 
You request that the Board upgrade your discharge.  You assert that, after you were held accountable for damaging (keying) a female Marine’s vehicle, you became demotivated, stopped attending work, received NJP and were administratively separated.  You state that you have gained wisdom from the error of your ways and have matured and changed for the better.  You also state your desire to qualify for Department of Veterans Affairs benefits, and more importantly, to qualify for Veteran programs in West Los Angeles. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service and your contentions.  However, the Board concluded that these factors were insufficient to warrant a change to your discharge given your misconduct.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time or a desire to qualify for benefits. 
 
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.