Docket No: 5440-19 
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 8 July 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, 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 on 28 November 1994.  According to the information in the record, on 27 October 1997, you were counseled on receiving non-judicial punishment (NJP) for violating article 130 and two specifications of unauthorized absence (UA).  At an unidentified time, you submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that prior to submitting this request, you conferred with a qualified military lawyer, at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  Your request was granted and your commanding officer (CO) was directed to issue an other than honorable (OTH) discharge for the good of the service.  As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of such a punitive discharge.  On 15 January 1998, you were discharged.  As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by you, the Petitioner, the Board presumes that you were properly discharged from the Marine Corps. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you were 17 years old when you joined the Marine Corps, higher-ranking Marines constantly used drugs while offering them to you, and you were put into a situation where the established culture was drug use and alcohol abuse.  However, the Board found that these factors were not sufficient to warrant relief in your case given your misconduct and request for a GOS discharge in lieu of a trial by court-martial. 
 
In regard to your contention that you were 17 years old when you joined the Marine Corps, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  Regarding your contentions that higher-ranking Marines constantly used drugs while offering them to you and you were put into a situation where the established culture was drug use and alcohol abuse, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  In summary, the Board found no evidence of an error or injustice warranting an upgrade in the characterization of your service. 
 
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, 
 

8/19/2020


Executive Director