Docket No: 5891-19 
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 your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 19 August 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 the 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 21 August 2000.  On 22 October 2001, you received nonjudicial punishment for an assault on your wife.  On 4 November 2002, you received nonjudicial punishment, again for assault on your wife, and also for violating a military protective order to stay away from your spouse, staying in a fellow Marine’s room without permission, and unauthorized absence from formation.  On 7 November 2002, you were notified of the initiation of, and your rights concerning, administrative separation proceedings.  You waived your right to an administrative discharge board, and on 31 December 2002, you were discharged from the Marine Corps with an other than honorable characterization of service. 
 
The Board noted that your application for correction raises a potential issue of mental health conditions during your military service.  In a communication dated 4 October 2019, you were asked to provide additional medical or clinical evidence to support your claim.  When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. 
 
In your petition, you have explained that you had a difficult childhood and were placed in several foster families.  You also explained that you had a good career in the Marine Corps, including an exemplary physical fitness test and you were awarded the national defense service medal.  You also note that the command did not follow proper nonjudicial punishment protocol.  The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  The Board reviewed your naval records and found no evidence to support your claims.  The Board was sympathetic to the information provided concerning your childhood.  Upon review of your entire record, however, as well as applying a presumption of regularity to official documents, it appeared to the Board that there was no injustice in your discharge or characterization.  Accordingly, the Board determined that it did not find any errors or injustice in your discharge or characterization of 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 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,